Amendment of General Terms and Conditions of Deutsche Börse AG for the Regulated Unofficial Market on Frankfurter Wertpapierbörse with effect from 16 December 2019

Release date: 22 Nov 2019

003/2019 Amendment of General Terms and Conditions of Deutsche Börse AG for the Regulated Unofficial Market on Frankfurter Wertpapierbörse with effect from 16 December 2019Open Market Circular 003/19

1.  Introduction

With this circular, we provide you with the updated General Terms and Conditions of Deutsche Börse AG for the Regulated Unofficial Market on Frankfurter Wertpapierbörse (FWB®, the Frankfurt Stock Exchange), (General Terms and Conditions DBAG) with effect from 16 December 2019 in connection with the registration of Scale as SME-Growth Market pursuant to § 48a Börsengesetz (BörsG).

In addition, the amendments reflect formal adjustments pursuant to Regulation (EU) No 2017/1129 (Prospectus Regulation) and the deletion of the service "Best Practice Providers".

The amended General Terms and Conditions DBAG will enter into force on 16 December 2019.

2.  Required action

Unless Participants, Applying Issuers, guarantors or supporting Capital Market Partners does not submit an objection to the amendment of the General Terms and Conditions DBAG prior to its coming into effect in writing or in electronic form with Deutsche Börse AG, Mergenthalerallee 61, 65760 Eschborn, Germany, the amendment will be deemed to be approved (§ 40 para. 1, sentence 2 of the General Terms and Conditions DBAG).

In case of an objection, Deutsche Börse AG may terminate the business relationship to the Participant, the Applying Issuer, the guarantor or the supporting Capital Market Partner subject to a notice period of six weeks pursuant to § 40 para. 2 of the General Terms and Conditions DBAG. The right to termination for good cause remains unaffected. 

3.  Details of the initiative

I.    Amendments of special provisions for inclusion in Scale and in the Basic Board 

In connection with the registration of Scale as SME growth market pursuant to § 48a BörsG, inclusion requirements and follow-up obligations have been amended. Substantial amendments relate, inter alia, to the deletion of § 18 AGB DBAG. Hence, facilitated inclusion prerequisites for shares or certificates representing shares admitted to trading will be ceased. Furthermore, the documents to be submitted to Deutsche Börse AG will mandatorily be published for a period of five years on the website of Deutsche Börse AG (www.deutsche-boerse.com).

II.    Adaption of the General Terms and Conditions DBAG to the new Prospectus Regulation

Due to the new Prospectus Regulation, which has been fully applicable since 21 July 2019, the corresponding provisions have been updated. 

III.    Termination of the service „Best Practice Provider“

At close of trading on 28 December 2018, Frankfurt Stock Exchange discontinued the "Best Service" pursuant to Section 5 of the Exchange Rules for the Frankfurt Stock Exchange (BörsO FWB) as well as § 34 General Terms and Conditions DBAG (Xetra Best) and will no longer offer any securities via this service in the future. The corresponding Best Service provisions have already been removed from the BörsO FWB with effect from 1 July 2019. With the deletion of § 34 General Terms and Conditions DBAG, the discontinuation of the service in the rules and regulations of the Regulated Unofficial Market will be reflected.
 

Attachment: 

  • General Terms and Conditions of Deutsche Börse AG for the Regulated Unofficial Market on Frankfurter Wertpapierbörse, effective from 16 December 2019

Recipients:All companies participating in the Regulated Unofficial Market (Open Market) at Frankfurt Stock Exchange and Applying Issuers, guarantors and supporting Capital Market Partners
Target groups:Nominated Persons, General
Contact:Jasper Lembke, T +49-(0) 69-211-1 67 34, Monique Meyerer, T +49-(0) 69-211-1 57 15
Web:www.deutsche-boerse.com
Authorized by:Renata Bandov, Jasper Lembke

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