FINANCIAL SUPERVISION AUTHORITY STOCK EXCHANGE RELEASE 21 SEPT 2007, 9.15 A.M. 1 (1) FIN-FSA ISSUES A PUBLIC REPRIMAND TO ELEKTROBIT FOR BREACH OF DISCLOSURE OBLIGATION On 21 September 2007, the Financial Supervision Authority (FIN-FSA) issued Elektrobit Corporation a public reprimand for breach of the disclosure obligation under Section 7, Chapter 2 of the Securities Markets Act. The company failed to disclose without undue delay its decision to withdraw from the business model of partnered manufacture of 3G smart phones, which was one of the strategy implementation models used by the company's Cellular Mobile Terminal business area. In the FIN-FSA's view, the decision on withdrawal constituted information with a material effect on the value of the security. The FIN-FSA considers that a disclosure obligation arose at the latest on 30 November when the CEO informed the Board of Directors of the company of the decision to withdraw. However, the company only published the information in its financial statement bulletin on 7 February 2007. According to the FIN-FSA's view, the company's previous consistent communication with stock exchange and press releases on the manufacture of smart phones with the partnered manufacturing business model, and on contracts related to the project, indicates that the company itself has also considered the matter to be material. Materialness is also supported by market reactions. The decision on withdrawal should have been published in a separate stock exchange release on 30 November 2006. Elektrobit has therefore failed to comply with the regulations and its practices have, in the view of the FIN-FSA, been negligent at the very least. However, the matter on the whole does not give grounds for more severe measures than a public reprimand. Elektrobit has submitted on 29 March 2007 and 15 August 2007 the statements requested by the FIN-FSA. According to the justifications to Chapter 2, Section 7 of the Securities Markets Act, the issuer itself must assess the impacts various decisions and circumstances may have on the value of its security. The assessment must begin from whether a rational investor operating in the markets could be assumed to consider that piece of information upon making an investment decision. When considering a decision on disclosure, attention must also be paid to the overall consistency of communication. Hence, another consideration in whether a piece of information is material is what the issuer has previously disclosed in public. Any change in material matters must be communicated to the public in a manner corresponding to how the original information was published. The Financial Supervision Authority may issue a public reprimand to an entity operating in the financial markets that wilfully or negligently violates the provisions governing financial markets or regulations issued under such provisions where the matter as a whole does not give cause for more severe measures. The public reprimand does not yet have legal force. Elektrobit has 30 days from receipt of the decision on 21 September 2007 to lodge an appeal with the Market Court. FINANCIAL SUPERVISION AUTHORITY Sari Helminen Head of Division Terhi Lambert-Karjalainen Head of Communications For further information, please contact: Sari Helminen, Head of Division, tel +358 10 831 5264. DISTRIBUTION: OMX Nordic Exchanges Helsinki, principal media
FIN-FSA ISSUES A PUBLIC REPRIMAND TO ELEKTROBIT FOR BREACH OF DISCLOSURE OBLIGATION
| Source: Nasdaq Helsinki Oy