Publication of Penalties Assessed
PSE Memorandum No. DA-0323-13 • Philippine Stock Exchange • Memoranda • May 17, 2013
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May 17, 2013 PSE MEMORANDUM NO. DA-0323-13 TO : The Investing Public and Trading Participants SUBJECT : Publication of Penalties Assessed Pursuant to Section 4 of Penalties and Fines on Publication of Penalties Assessed under the Listing and Disclosure Rules of the Exchange, the Exchange would like to inform the investing public that the following listed companies have paid the corresponding penalties imposed for non-compliance with the Revised Disclosure Rules of the Exchange (the "Rules"): EATcHD 1. DFNN, Inc. ("DFNN") for delayed submission of its Annual Report, using SEC Form 17-A, for the year ended December 31, 2012, in violation of the following provision of the Rules: Section 17.2. SUBMISSION OF PERIODIC AND OTHER REPORTS BY LISTED COMPANIES TO THE EXCHANGE: Issuers shall file with the Exchange the following periodic and other reports: a. Annual Report: An annual report using SEC Form 17-A within 105 days after the end of the fiscal year, or such other time as the Commission by rule shall prescribe; . . . . 2. IP E-Game Ventures, Inc. ("EG") for delayed submission of its Annual Report, using SEC Form 17-A, for the year ended December 31, 2012, in violation of the following provision of the Rules: Section 17.2. SUBMISSION OF PERIODIC AND OTHER REPORTS BY LISTED COMPANIES TO THE EXCHANGE: Issuers shall file with the Exchange the following periodic and other reports: a. Annual Report: An annual report using SEC Form 17-A within 105 days after the end of the fiscal year, or such other time as the Commission by rule shall prescribe; . . . . 3. First Philippine Holdings Corporation ("FPH") for failure to comply with the following provisions of the Rules: Section 4.1 DISCLOSURE OF MATERIAL INFORMATION: In addition to the reportorial requirements under the Securities Regulation Code, Issuers are hereby required to disclose to the Exchange once they become aware of any material information or corporate act, development or event, within Ten (10) minutes from the receipt of such information or the happening or occurrence of said act, development or event. Disclosure must be made to the Exchange prior to its release to the news media. CIaDTE xxx xxx xxx Section 4.4 EVENTS MANDATING PROMPT DISCLOSURE: The following events, while not comprising a list of all the situations must be disclosed to the Exchange in compliance with Sec. 4.1. hereof: xxx xxx xxx p. Fines of more than P50,000.00 and/or other penalties on the Issuer or on its subsidiaries by regulatory authorities and the reasons therefor; xxx xxx xxx Section 13. DISCLOSURE ON TRANSACTIONS OF DIRECTORS AND PRINCIPAL OFFICERS IN THE ISSUER'S SECURITIES: 13.1 Notwithstanding Section 17.5 of these Rules, Issuers must disclose to the Exchange the direct and indirect ownership of its directors and principal officers in its securities within five (5) trading days after: xxx xxx xxx c. any acquisition, disposal, or change in the shareholdings of the Directors and Officers. 13.2 A Director or Principal Officer of an Issuer must not deal in the Issuer's securities during the period within which a material non-public information is obtained and up to two full trading days after the price sensitive information is disclosed. The Exchange found FPH in violation of the above-mentioned requirements arising from the following: TcICEA Non-disclosure of the penalty imposed on its subsidiary Transactions of directors/officer within the black-out period Delayed disclosure of the changes in the shareholdings of a director 4. Metro Pacific Investments Corporation ("MPI") for delayed submission of the List of Stockholders, in violation of the following provision of the Rules: Section 17.11. Submission of List of Stockholders. The Issuer shall submit to the Exchange the list of stockholders who are entitled to notice and to vote at a regular or special stockholders meeting not later than five (5) trading days after the record date fixed by the Issuer for the holding of such meeting in a format as prescribed by the Exchange. For your information and guidance of the investing public. (SGD.) JANET A. ENCARNACION Head, Disclosure Department Noted by: (SGD.) MARSHA M. RESURRECCION Head, Issuer Regulation Division <http://www.pse.com.ph/resource/memos/2013/DA_2013-0323.pdf> last visited May 27, 2013.
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