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GEN - General - Johannesburg Stock Exchange - Proposed amendment to the

Release Date: 25/11/2011 12:00
Code(s): JSE
Wrap Text

GEN - General - Johannesburg Stock Exchange - Proposed amendment to the Listings Requirements dealing with unpublished price sensitive information JOHANNESBURG STOCK EXCHANGE - PROPOSED AMENDMENT TO THE LISTINGS REQUIREMENTS DEALING WITH UNPUBLISHED PRICE SENSITIVE INFORMATION The JSE issued a letter in June 2011 drawing attention to paragraph 3.5 of the Listings Requirements ("the Requirements"). This paragraph clearly prohibits the release of price sensitive information to any party before it is released on SENS. The letter was issued after a number of local and international incidents where price sensitive information was either prematurely released or accessed by certain parties. After releasing the letter the JSE was approached by various parties including sponsors, listed companies and investor relations practitioners to consider a possible amendment that would allow listed companies to share unpublished price sensitive information with certain parties prior to releasing it on SENS. Although significant justification was provided for a possible amendment, the JSE also had to take account of the provisions of the Securities Services Act 36 of 2004 ("SSA") before considering an amendment. Section 73(3) of the SSA provides, inter alia, that an insider who discloses inside information to another person commits an offence. This section does however provide a defence under very specific circumstances. The JSE Listings Requirement cannot be in conflict with the SSA and in light thereof we are proposing an amendment stipulating that applicant issuers that elect to share unpublished price sensitive information, prior to releasing it on SENS, must ensure that in doing so they are not committing an offence in terms of the SSA. The proposed amendment can be obtained on the JSE website www.jse.co.za and is now available for public comment. Interested parties can submit their comment to Thandekam@jse.co.za by no later than Friday 13 January 2012. 25 November 2011 Date: 25/11/2011 12:00:01 Supplied by www.sharenet.co.za Produced by the JSE SENS Department.

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