|Ordinance on the Fees Levied for the Deposit of Prospectuses (Verkaufsprospektgebührenverordnung, VerkProspGebV)|
Long title: Verordnung über Gebühren für die Hinterlegung von Verkaufsprospekten
As promulgated on 7 May 1999 (Federal Law Gazette I p. 874)
Table of Contents
Section 1 Scope
Section 2 Amount of the Fees
Section 3 Obligation to Pay a Fee
Section 4 Initial Levying of Fees pursuant to this Ordinance
Section 5 Entry into effect
In accordance with section 16 (2) of the Prospectus Act, as announced on 9 September 1998 (Federal Law Gazette I p. 2701) in connection with the second part of the Act on Administrative Costs of 23 June 1970 (Federal Law Gazette I p. 821) and section 1 of the Ordinance on the Delegation of Powers to Issue Ordinances under the Prospectus Act to the Bundesaufsichtsamt für den Wertpapierhandel of 25 June 1998 (Federal Law Gazette I p. 1652), the Bundesaufsichtsamt für den Wertpapierhandel issues the following Ordinance:
Pursuant to this Ordinance the Bundesaufsichtsamt für den Wertpapierhandel (Bundesaufsichtsamt) shall levy a fee for the deposit of prospectuses. The deposit of a prospectus shall entail its registration, the confirmation of its receipt, an examination as to whether it contains the required statutory information, and its placement in the archives.
(1) The fee levied for the deposit of a complete prospectus shall amount to 400 Deutsche Mark in respect of each issue.
(2) The basic fee levied for the deposit of an incomplete prospectus within the meaning of section 10 Prospectus Act shall amount to 300 Deutsche Mark. For the deposit of a supplement the Bundesaufsichtsamt shall levy an additional fee in respect of each issue. Such additional fee shall amount to 100 Deutsche Mark.
(3) The fee levied for the deposit of a supplement which is intended to be published as additional information within the meaning of section 11 Prospectus Act shall amount to 100 Deutsche Mark.
(4) If the Bundesaufsichtsamt is notified of the intention to refrain from the publication of the prospectus
1. before the examination as to the completeness of the prospectus has been concluded, no fees shall be levied;
2. after the examination as to the completeness of the prospectus has been concluded, the relevant fee shall be reduced by a quarter;
3. after the prospectus has been placed in the archives, the full amount of the fee shall be levied.
The obligation to pay a fee shall arise upon receipt of the documents to be deposited.
(1) The Bundesaufsichtsamt shall levy fees pursuant to this Ordinance for the first time for the deposit of complete prospectuses, incomplete prospectuses, supplements relating to incomplete prospectuses and supplements which are intended to be published as additional information received by the Bundesaufsichtsamt after 31 March 1999.
(2) For the deposit of prospectuses which the Bundesaufsichtsamt received before 1 April 1999 it shall levy fees in accordance with section 16 (2) Prospectus Act as announced on 17 July 1996 (Federal Law Gazette I p. 1047).
This Ordinance shall take effect as of 1 April 1999.
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The above translation was published by the Federal Securities Supervisory Office. Reproduced with kind permission. This HTML edition by Lawrence Schäfer and © 2000 Gerhard Dannemann. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited.