ESTAR (EST): Announcement - raport 78

Raport bieżący nr 78/2016

Podstawa Prawna:
Decision No: H-PJ-III-B-34/2016. of the National Bank of Hungary against ENEFI Energy Efficiency

Public Limited Corporation (registered seat: 1134 Budapest, Klapka utca 11.) on the application of

warning and notice measures, the suspension of the trading of stock exchange products and the

charging of supervision fine as well as the publication of the public announcement on the violation

of law.

Under exercising continuous supervision over ENEFI Energy Efficiency Public Limited Corporation

(registered seat: 1134 Budapest, Klapka utca 11.) (Issuer) by the National Bank of Hungary

(registered seat: 1054 Budapest, Szabadság tér 8-9.) (MNB), on the basis of the authorisation of the

Financial Stability Commission (PST) of MNB I hereby make the following

d e c i s i o n .

I. TheNational Bank of Hungary warns the Issuer that it shall observe and fulfil the legal

regulations governing its regular announcement liability completely and within the deadline in the

future, and within this it shall take care that the annual report must be published with the content

set forth in the relevant legal regulations and within the deadline in the future and it shall inform the

National Bank of Hungary of such information concurrently with the publication.

II. TheNational Bank of Hungary calls the Issuer to arrange the publication of its annual report

prepared for the financial year of 2015 without delay within its regular announcement liability.

III. The stock exchange trading of the

- registered, dematerialised shares of HUF 10 par value (securities code: HU0000089198, stock

exchange category: Standard) (ENEFI share) of the Issuer,

- the forward trading contracts of ENEFI shares,

- and the registered, dematerialised bonds of HUF 100,000 par value (securities code:

HU0000347794) (E-STAR 2016/C bond) of the Issuer

at the regulated market (BSE) operated by Budapest Stock Exchange Private Limited Corporation

(registered seat: 1054 Budapest, Szabadság tér 7. Platina torony I. épület IV. emelet) shall be

suspended by the National Bank of Hungary from the beginning of trading on 4th May 2016 until the

publication of the annual report prepared for the financial year of 2015 meeting the notice written in

Section II. of the operative part of the decision, furthermore until the fulfilment of all regular and

extraordinary announcement liabilities potentially occurring until this date by the Issuer.

The National Bank of Hungary shall take care of the restitution of the trading of the above

mentioned stock exchange products without delay following the termination of the circumstance

forming the cause for the suspension.

IV. Due to the violation of the regular announcement liability set forth in Section III. of the

explanation of the present decision, the National Bank of Hungary obliges the Issuer to pay the

amount of HUF 6,000,000 i.e. six million Forints supervision fine.

V. Due to the violation of the announcement liability set forth in the present decision,

the National Bank of Hungary shall make a public announcement about the Issuer on its website.

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No procedural costs occurred during the determination of the facts serving for the basis of the

decision.

The supervision fine shall be paid within 30 (thirty) days from the decision entering into force to the

bank account No: 19017004-01678000-30900002 of MNB indicating “felügyeleti bírság” (supervision

fine) and the number of the decision. In case of failing to pay the supervision fine voluntarily, the

rules of administrative collection shall be applied. In case of failing to meet the deadline set for the

payment of the supervision fine, default penalty shall be charged upon the unpaid amount, the

amount of which for each calendar day shall be one 365th of the double of the basic rate of interest

of the issuing bank in effect on the day of charging the default penalty. No default penalty shall be

charged upon the default penalty paid late.

The default penalty shall be paid to the bank account of the MNB referred to above, indicating the

number of the decision and “késedelmi pótlék” (default penalty). If the obligor fails to fulfil its

payment obligation within the due time, then the payment liability shall be collected forthwith.

No appeals shall be made against the present decisions under administrative proceedings. The client

or any other participant of the proceedings in connection with any provision expressly related to it

may request the revision of the decision within 30 (thirty) days from the date of the announcement

thereof from the Metropolitan Public Administration and Labour Court. The letter of action shall be

addressed to the Metropolitan Public Administration and Labour Court and submitted to the MNB in

3 (three) copies or sent via registered mail.

The suit on the revision of the decision shall be anticipated by the court. If no other measures are

necessary, the hearing shall be held on the eighth day from the reception of the letter of action by

the court the latest. The submission of the letter of action shall not have a dilatory effect on the

execution of the decision; nevertheless the claimant may request the suspension of the execution.

The conditions set forth in the legal regulations shall be deemed as probable in the application and

supporting evidence shall be attached thereto. In case of failing to fulfil this liability, the court shall

ex officio reject the request for the suspension of the execution omitting to issue a deficiency letter.

The Court shall judge the case out of proceedings; however it shall have hearings upon the

application of any of the parties. The client may apply for holding hearings in the letter of action or

the defendant may request the same within 8 (eight) days from the reception of the pleading of the

administrative body in writing.

The MNB hereby calls the attention of the Issuer that in the event that it fails to fulfil its liabilities set

forth in the present decision, or it performs insufficiently or in delay, then the MNB may apply the

measures provided by law, including charging supervision fine as well.

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