ANNEX I
Non-exhaustive list of final events or final circumstances in protracted processes as referred to in Article 17(12), point (a), of Regulation (EU) No 596/2014
No | Protracted process | Final events or final circumstances | Moment of disclosure |
A | Business strategy | ||
1 | Agreements (including the acquisition or disposal of relevant assets or subsidiaries) | Signing of the agreement or other equivalent act with binding effect | As soon as possible after the signing of the agreement or any other equivalent act with binding effect. |
2 | Mergers | Approval of draft terms of merger | As soon as possible after the issuer’s governing body has approved the draft terms of merger as specified in Article 91(2) of Directive (EU) 2017/1132 of the European Parliament and of the Council (1). |
3 | Major corporate reorganisations | Decision on a corporate reorganisation | As soon as possible after the issuer’s governing body has taken the final decision to proceed with a corporate reorganisation. |
4 | Voluntary termination of a material agreement by the issuer | Decision to terminate a material agreement | As soon as possible after the issuer’s governing body has taken the decision to terminate a material agreement. |
B | Capital structure, dividends and interest payments | ||
5 | Capital increase | Decision to increase the capital | As soon as possible after the issuer’s governing body has taken the final decision to increase the capital. |
6 | Issuance of new instruments | Decision to issue new instruments | As soon as possible after the issuer’s governing body has taken the final decision to issue new instruments. |
7 | Share buy-back | Decision to carry out a share buy-back | As soon as possible after the issuer’s governing body has taken the final decision to carry out a share buy-back. |
8 | Conversion of instruments | Decision to convert instruments | As soon as possible after the issuer’s governing body has taken the final decision to convert instruments. |
9 | Dividends | Decision to propose a distribution of dividends or a change in the dividend policy to the shareholders | As soon as possible after the issuer’s governing body has taken the decision to submit to the shareholders a dividend distribution or a change in the dividend policy for approval. |
10 | Postponement or cancellation of interest payments or redemption payments | Decision to postpone or cancel interest or redemption payments | As soon as possible after the issuer’s governing body has taken the decision to postpone or cancel the interest or redemption payments. |
C | Financial information | ||
11 | Financial reports or interim financial reports | Acknowledgement or approval of financial results | As soon as possible after the issuer’s governing body has acknowledged or approved the financial results. |
12 | Forecasts | Acknowledgement or approval of the forecasts | As soon as possible after the issuer’s governing body has acknowledged or approved the forecasts. |
D | Corporate governance | ||
13 | Appointment or removal of members of an issuer’s governing body or of managers holding a key role | Decision on the appointment or removal | As soon as possible after the issuer’s governing body has taken the decision to appoint or remove a member of the issuer’s governing body or a manager holding a key role. |
14 | Significant amendments to the articles of incorporation, or to the by-laws | Decision to propose significant amendments to the issuer’s articles of incorporation, or to the by-laws to the shareholders | As soon as possible after the issuer’s governing body has taken the decision to submit to the shareholders significant amendments to the articles of incorporation, or to the by-laws for approval. |
E | Interventions by public authorities | ||
15 | Application for a licence or authorisation | Application for a licence or authorisation | As soon as possible after the issuer has submitted the application for a licence or for authorisation to the competent authority. |
16 | Granting or rejection of licence or authorisation | Granting or rejection of licence or authorisation | As soon as possible after the issuer has received the formal notification from the competent authority granting a licence or an authorisation, or rejecting an application for a licence or for authorisation, even where, further to an application, the issuer and the competent authority exchanged preliminary information or draft decisions that may on their own amount to inside information, or where the decision may be or is subject to an appeal. |
17 | Withdrawal of licence or authorisation | Withdrawal of licence or authorisation | As soon as possible after the issuer has received the formal notification from the competent authority withdrawing the licence or the authorisation, even where the issuer and the competent authority previously exchanged preliminary information or draft decisions that may on their own amount to inside information, or where the decision may be or is subject to an appeal. |
18 | Application for recognition of intellectual property (‘IP’) rights | Application for recognition of IP rights | As soon as possible after the issuer has submitted the application for recognition of IP rights to the competent authority. |
19 | Recognition of IP rights | Notification of recognition or non-recognition of IP rights | As soon as possible after the issuer has received the formal notification of recognition or non-recognition of IP rights, even where, further to an application for recognition of IP rights, the issuer and the competent authority exchanged preliminary information or draft decisions that may on their own amount to inside information, or where the decision may be or is subject to an appeal. |
20 | Application for authorisation to commercialise a product | Application for authorisation to commercialise a product | As soon as possible after the issuer has submitted an application for authorisation to commercialise a product to the competent authority. |
21 | Authorisation to commercialise a product | Authorisation to commercialise a product | As soon as possible after the issuer has received the formal notification from the competent authority granting an authorisation to commercialise a product, or rejecting an application for authorisation to commercialise a product, even where, further to an application, the issuer and the competent authority exchanged preliminary information or draft decisions that may on their own amount to inside information, or where the decision may be or is subject to an appeal. |
22 | Medical/clinical trials for pharmaceutical products | Conclusion of medical/clinical trials | As soon as possible after the issuer has concluded the medical/clinical trials. |
23 | Authorisation to commercialise medical/pharmaceutical products | Authorisation to commercialise medical/pharmaceutical products | As soon as possible after the issuer has received the formal notification of the final decision from the competent authority (regardless of whether it is an acceptance or a rejection), even where, further to an application for authorisation to commercialise a medical/pharmaceutical product, the issuer and the competent authority exchanged preliminary information or draft decisions that may on their own amount to inside information, or where the decision may be or is subject to an appeal. |
24 | Participation in a public procurement process | Award of contract | As soon as possible after the issuer has received the formal notification that the issuer has been awarded a contract, even where, further to the participation in a public procurement process, the issuer and the public authority exchanged preliminary information or draft decisions that may on their own amount to inside information, or where the decision may be or is subject to an appeal. |
25 | Pre-insolvency/restructuring proceedings | Decision to enter into pre-insolvency proceedings or agreements with creditors | In case of proceedings supervised by a court, as soon as possible after the issuer’s governing body has taken the decision to file for pre-insolvency/restructuring proceedings. In case of proceedings not supervised by a court, as soon as possible after the issuer’s governing body has signed an agreement with creditors or any other arrangements foreseen for the case of pre-insolvency. |
26 | Insolvency | Filing for insolvency | As soon as possible after the issuer’s governing body has taken the decision to file for insolvency. |
F | Credit institutions, insurance undertakings and reinsurance undertakings | ||
27 | Supervisory review and evaluation as referred to in Article 97 of Directive 2013/36/EU of the European Parliament and of the Council (2) | Formal decision of the competent authority | As soon as possible after the credit institution has received the final supervisory review and evaluation process decision from the competent authority, even where the issuer and the competent authority previously exchanged preliminary information or draft decisions that may on their own amount to inside information. |
28 | Reduction of own funds, pursuant to Article 77 of Regulation (EU) No 575/2013 of the European Parliament and of the Council (3) | Formal decision of the competent authority to authorise the reduction of own funds | As soon as possible after the credit institution is notified that the reduction of own funds has been authorised by the competent authority, even where the issuer and the competent authority previously exchanged preliminary information or draft decisions that may on their own amount to inside information. |
29 | Preparation for resolution action, including any decision or action adopted by the competent authority or the resolution authority until the adoption of the decision to take resolution action | Decision of the resolution authority to take resolution action in accordance with Article 82(1) and (2) of Directive 2014/59/EU or Article 64 of Directive (EU) 2025/1 of the European Parliament and of the Council (4) | As soon as possible after the decision of the resolution authority is published pursuant to Article 83(4) of Directive 2014/59/EU or Article 65(3) of Directive (EU) 2025/1. |
30 | Insolvency proceedings in accordance with applicable national law | Decision of the competent authority in accordance with applicable national law | As soon as possible after the institution is notified of the decision of the competent authority in accordance with applicable national law. |
G | Legal proceedings, sanctions and delisting | ||
31 | Administrative proceedings | Decision of the competent authority | As soon as possible after the issuer is formally informed by the competent authority of its final decision following the relevant investigations, even where the issuer and the competent authority previously exchanged preliminary information or draft decisions that may on their own amount to inside information, or where the decision may be or is subject to an appeal. |
32 | Precautionary measures within judicial proceedings, both as plaintiff or defendant | Decision by an authority or a court | As soon as possible after the issuer has received the notification of the decision on the precautionary measures, even where the decision may be or is subject to an appeal. |
33 | Judicial proceedings | Decision by an authority or a court | As soon as possible after the issuer has received the notification of the decision, even where the decision may be or is subject to an appeal. |
34 | Proceedings for the quantification of sanctions | Decision on sanction | As soon as possible after the issuer is informed of the decision on the sanction, even where the decision may be or is subject to an appeal. |
35 | Delisting | Decision on the delisting | In the case of voluntary delisting, as soon as possible after the issuer’s governing body has taken the final decision on the delisting. In case of a delisting decision by the competent authority or by the trading venue, as soon as possible after the issuer has received the formal notification of the delisting decision, even where the issuer and the competent authority or the trading venue previously exchanged preliminary information or draft decisions that may on their own amount to inside information. |
(1) Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46, ELI: http://data.europa.eu/eli/dir/2017/1132/oj). (2) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338, ELI: http://data.europa.eu/eli/dir/2013/36/oj). (3) Regulation (EU) No 575/2013) of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/575/oj). (4) Directive (EU) 2025/1 of the European Parliament and of the Council of 27 November 2024 establishing a framework for the recovery and resolution of insurance and reinsurance undertakings and amending Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 and Regulations (EU) No 1094/2010, (EU) No 648/2012, (EU) No 806/2014 and (EU) 2017/1129 (OJ L, 2025/1, 8.1.2025, ELI: http://data.europa.eu/eli/dir/2025/1/oj). | |||