( The Notification of the Office of the Securities and Exchange Commission No.SorJor 12/2552 Re; Preparation and Disclosure of Report on Securities Holding of Director, Executive and Auditor)
Director, executive and auditor of the company has the duty to prepare and disclose reports on each person's securities holding and the holding of securities by his spouse and minor children of securities in the company including changes in such holdings as follows:
1. First report in Form 59-1 must be filed with the SEC within 30 days from the closing date of the offer for sale of securities or the date of appointment and
2. Report of change in securities holding must also be filed with the SEC within 3 business days from the date of purchase, sale, transfer or acceptance of transfer of securities
The report will provide investors with information on change of securities holding by the said persons who have access to inside information of the company.
First report (Form 59-1)
● within 30 days from closing date of the offer for sale of securities
● within 30 days from the appointment as director, executive or auditor after closing date of the offer for sale of securities
Report of change in holding: every purchase, sale, transfer or acceptance of transfer (Form 59-2) except for the following cases:
1. Acquisition of securities from rights offering
2. Acquisition of securities from exercise of convertibles
3. Acquisition of securities by inheritance
4. Acquisition of securities from ESOP/EJIP scheme
5. Transfer or acceptance of transfer of securities placed as collateral in derivatives trading.
● within 3 business days from the date of purchase, sale, transfer or acceptance of transfer
remark : Securities mean Shares or convertibles (convertible debentures, share warrants, transferable subscription rights)
Commencement/ termination of duty
Form 59-1and 59-2: The duty to file report under Section 59 commences upon the effectiveness of the registration statement and terminates when the company no longer has duty to file report under Section 56;
To file the report, please see the SEC Circular No.KorLorTor.Jor. (C) 26/2541 Re: Review of Guideline for Filing of Report by the Issuing Company dated 10th August, 2001 and No.Jor (C) Re: Notice of Changes in Filing of Report through Facsimile Transmission dated 16th November, 2002
1. Director, executive or auditor must file the report with the SEC by 9.00 a.m. on the following business day (prior facsimile transmission is not required)
2. Facsimile transmission can be done through Fax. no. 0-2263-6099 by 12.00 a.m. on the due date, providing that the original must be filed with the SEC within 3 business days from the due date (either by hand or mail is acceptable). In case where the SEC does not receive the report filed through facsimile transmission by the said period, the person with duty to file the report will be deemed to have been delayed for such filing regardless of whether the original will be filed within 3 business days.