(1) A domestic issuer must publish information under section 33(1), first sentence, and (2), section 38(1), first sentence, and section 39(1), first sentence, or under corresponding provisions of other Member States of the European Union or other states party to the Agreement on the European Economic Area, without delay, no later than three trading days after receipt of the notification; it transmits that information simultaneously with publication to the body responsible for the company register, for entry in the company register and forwarding to the central European access point. Where a domestic issuer, in relation to its own shares, itself, through a subsidiary undertaking, or through a person acting in its own name but for the account of that issuer, reaches, exceeds or falls below the thresholds of 5 percent or 10 percent through acquisition, disposal or otherwise, the first sentence applies correspondingly, with the proviso that, by way of derogation from the first sentence, a statement must be published whose content is determined by section 33(1), first sentence, including in conjunction with a statutory instrument under section 33(5), and publication must take place no later than four trading days after reaching, exceeding or falling below the thresholds referred to; where the Federal Republic of Germany is the home state for the issuer, the 3 percent threshold is additionally relevant.
(2) The domestic issuer must notify this publication to the Bundesanstalt simultaneously with the publication under subsection (1), first and second sentences.
(3) The Federal Ministry of Finance may, by statutory instrument not requiring the consent of the Bundesrat, adopt further provisions on 1. the content, nature, language, scope and form, and the electronic processing, of the particulars of the publication under subsection (1), first sentence, including any personal data contained, and 2. the content, nature, language, scope, form and electronic processing of the particulars of the notification under subsection (2), including any personal data contained.
Home› Securities & Investment Funds› WpHG-EN
Part 6 · Notification, Publication and Transmission of Changes in Voting-Rights Holdings to the Company Register › Section 40
Publication obligations of the issuer, and transmission to the company register
←→ also move between sections