Friday, January 13, 2012

Concepts for Ongoing Disclosure and Reporting of Materials Developments

  1.  The main element Features of an Ongoing Disclosure Obligation Outlined entities must have an ongoing disclosure obligation necessitating disclosure of all data that would be materials to an investor’s investment decision.
  2. Timeliness The outlined entity shall disclose ongoing info on the timely basis, which could involve disclosure on:
    1. an immediate foundation for disclosure of substance developments, in which like a phrase might be defined as “as soon as possible” or approved as a greatest of specified times; and
    2. a periodic basis, approved by legislation or listing policies, just like quarterly or annual reports. Such data would also contain conduite discussion and examination (MD&A), in which required, which is often disclosed in a separate report or included in a periodic report. The disclosure obligation may perhaps involve disclosure of relevant details on an instantaneous foundation even when it belongs to periodic reporting.
  3. Simultaneous and Identi al Disclosure If the entity is detailed in more than 1 jurisdiction, the information and facts released under the ongoing disclosure obligation of 1 jurisdiction where it is outlined should really be released on an identical basis and simultaneously in all the other jurisdictions wherever it is outlined. This obligation ought to not be dependent on where by the outlined entity is principally detailed.
  4. Dissemination of Data Under the ongoing disclosure obligation, listed entities should really ensure that full info is promptly made available to the market by using efficient, effective, and timely means of dissemination.
  5. Disclosure Criteria Ongoing disclosure of info must be fairly presented, not be misleading or deceptive, and include no substance omission of information and facts.
  6. Equal Treatment of Disclosure The info to be disclosed in compliance with the ongoing disclosure obligation need to not be disclosed to selected investors or other interested parties before it is released to the public. Certain narrow exceptions may perhaps be permitted to this principle to allow communications with advisers and rating agencies or, in the ordinary course of business, communications with persons with whom the detailed entity is negotiating, or intends to negotiate, a commercial, financial, or investment transaction or representatives of its employees or trade unions acting on their behalf. In all these cases, the recipients have a duty to keep the info confidential.

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