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On 24 April 2024, the Federal Financial Supervisory Authority (BaFin) imposed coercive fines in the amount of 141,250 euros on ZhongDe Waste Technology AG. In February 2024, BaFin had ordered ZhongDe Waste Technology AG to comply with the financial reporting requirements under the German Securities Trading Act (Wertpapierhandelsgesetz – WpHG). The company has failed to comply with this order.
The notice imposing the coercive fine is immediately enforceable but not yet final and binding.
Background information: financial reporting requirements
Companies such as ZhongDe Waste Technology AG that are domiciled in Germany and that issue securities that are traded on an organised market in Germany must prepare annual financial information as at the end of each financial year. This information must be made publicly available no later than four months after the end of each financial year.
Under the WpHG, companies are also required to prepare a half-yearly financial report. This report must be made publicly available no later than three months after the end of the relevant reporting period.
Before publication, companies must publish an announcement informing the public and BaFin about the date from which and the website on which the information will be available.
ZhongDe Waste Technology AG contravened these requirements since it failed to publish an announcement with respect to the annual financial information for the financial year 2022. The company also failed to publish a half-yearly financial report for the financial year 2023 in addition to an announcement in respect of this.
The announcement by BaFin is also set out by law and is based on section 124 of the WpHG.
