Filing entity contract

In order to register for the OAM service and therefore to access the systems of the Luxembourg Stock Exchange to file regulated information, filing entities must have signed a contract with the Luxembourg Bourse in advance. An issuer may act on its own behalf as a filing entity or opt to file through an entity mandated by it.

If an issuer is acting on its own behalf, it will automatically become the filing entity. In that case, the filing entity must sign a contract, as well as Appendix B to the contract. If the filing entity acts on behalf of other issuers, it has also to complete Appendix C. When a filing entity wishes, after having signed the contract,to add one or more other issuers for which it has been mandated to file, it only has to complete and sign an supplemental version of Appendix C.

The filing entity must send two signed copies of the contract and one signed copy of Appendix B and eventually Appendix C (if acting for other issuers) by post to the Luxembourg Stock Exchange prior to receiving the elements enabling it to make a filing. It is advisable therefore to anticipate the period of time required for the exchange of letters between the filing entity and the Luxembourg Stock Exchange before it can begin to file. An average delay of two weeks should be expected.

Filing

After signature and ratification of the contract (and appendices), an automatic email will be sent to the contact person of the filing entity enabling it to create its own login and password. For security reasons, a PIN (Personal Identification Number) code will be sent by post, allowing the filing entity to obtain a list of TAN (Transaction Authentication Number) codes. On each filing, the filing entity must indicate a TAN which is valid for a period of one hour after it is entered. During that period, you can make as many filings as you wish without having to re-enter a new TAN each time.

TAN codes may be ordered by the filing entity on connection to the OAM service in the tab ‘Account Management’. Codes are sent by email to the address indicated in Appendix B to the contract. When filing, the filing entity must select the type of filing (e.g. periodic information, ongoing information, ...). Depending upon the type of filing, the filing entity must list the documents it wishes to file. The different types of documents which may be filed are suggested in a scrolling list (e.g. semi-annual financial report, information concerning major holdings,...). It is recalled that the documents submitted must be in PDF format.

The OAM service automatically records electronic filings, which means without human intervention. So documents may be filed at any time, unless the service is interrupted for technical and maintenance reasons. Confirmation of acceptance or failure of the filing is sent by email. A time-recording system enables electronic filings to be marked with the date and time corresponding with the recording in our systems.

Fees

Cost of opening a filing entity account enabling access to the OAM service: EUR 500.-/EUR 1000.- (excluding taxes). This cost is invoiced once only and paid on signature of the contract. Please refer to Appendix A for details.

Annual cost for filing and storing an unlimited amount of regulated information: EUR 500.- (excluding taxes) per issuer.

It should be noted that invoices will be exclusively sent to the filing entity, which is responsible for payment of the costs relating to the use of the OAM service.

Annual costs are payable in advance once the function for filing regulated information for a given issuer has been activated. There will be no prorata reimbursement of annual costs even if the issuer is no longer in the scope of application of the Transparency Law.

By way of example, a filing entity which is also an issuer must pay costs of EUR 1,000.- excluding taxes for the first year and EUR 500.- excluding taxes for the following years as long as it is in the scope of application of the Transparency Law.

A filing entity which is also an issuer and represents and files regulated information for four different issuers must pay costs of EUR 3,000.- excluding taxes for the first year and EUR 2,500.- excluding taxes for the following years when they are in the scope of application of the Transparency Law.

Mr Jean-Paul PINNEL
tel: + 352 47 79 36 265

or

Mr Philippe BERCHEM
tel: + 352 47 79 36 384