The Disciplinary Committee of Nasdaq Stockholm has found that XBT Provider AB has breached Nasdaq Stockholm’s Rule Book for Issuers of warrants and certificates and other regulations in several respects and, accordingly, has imposed a fine on XBT amounting to SEK 1,000,000.
XBT has not complied with the internal routines and procedures (Internal Rule Book) supplied to Nasdaq in connection with its application, by the Company failing to ensure that the risk function reports to the Board, by the Company failing to implement an audit of the Company’s internet and IT security, by the Company failing to manage a significant change in operations in accordance with the Internal Rule Book, and by the Company failing to ensure that the regulatory compliance function monitored and controlled the Company’s compliance with applicable legislation and the Internal Rule Book or reported to the Board in accordance with the Internal Rule Book. The Company has thereby acted in breach of the conditions in the Exchange’s decision to grant an exemption from the requirement of Section 2.1 in the Rule Book that, to be approved, an issuer shall be a credit institution or a securities company with a permit from the Swedish Financial Supervisory Authority or equivalent authority within the EEA.
XBT has breached Sections 4.1 and 4.2 in the Rule Book by failing to publish information in the form of a press release through a news distributor and by the Company’s selective disclosure of information covered by the disclosure requirement.
XBT has, by failing to have documents that the Company identified by reference in the base prospectus and documents that are to be available to view on its website during the entire term of the base prospectus, breached Article 28.5 of the Prospectus Regulation and Chapter 2, Sections 20 and 29 of the Financial Instruments Trading Act (FITA).
According to the Disciplinary Committee, XBT has also breached Section 2.3 of the Rule Book and Chapter 16, Section 4 of the Securities Market Act (2007:528) (SMA) when the Company failed to publish its Annual Reports for 2015 and 2016 within the prescribed and statutory time, and breached Section 2.3 of the Rule Book when the Company failed to publish an interim report for the first six months of 2015 on its website before the Exchange pointed this out.
Finally, XBT has, in the light of the misdemeanors above, breached Section 2.2 of the Rule Book, which states that a company shall possess requisite routines for reporting and monitoring that ensure the company fulfils applicable legislation and the Rule Book and has secure technical systems.