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The Disciplinary Committee of Nasdaq Stockholm (“the Exchange”) has ruled that Capio AB (“Capio”) has breached Nasdaq Stockholm’s Rule Book for Issuers (“the Rule Book”) and has therefore ordered Capio to pay a fine of SEK 344.869, corresponding to one annual fee.
The matter concerns Capio’s breach of Rules 2.4.3, 3.2.1 and 3.1.5.
The matter confirms that Capio published its year-end report for 2015 at 1:30 p.m. on February 12, 2016 via a press release. In the afternoon of the same date, the company contacted the Exchange to report that a news agency had already released information from the year-end report at 1:28 p.m.
By that time, the news agency had already searched for, and accessed, the press release by changing the file name. Capio has stated that the company was not aware that the technical tool on its website permitted outsiders to access non-published material. Capio has since taken steps to prevent a recurrence of the event.
According to the Disciplinary Committee, the procedure used to access the year-end report prior to publication is well-known, and other companies have been subject to the same procedure on several occasions. This has also been mentioned by the Exchange in various contexts. The Disciplinary Committee therefore rules that the event cannot be considered minor, nor an excusable offense. Disciplinary measures will therefore be imposed upon Capio.
A detailed description of the matter and the Disciplinary Committee’s decision are available at:
http://www.nasdaqomx.com/listing/europe/surveillance/stockholm/disciplinarycommittee/decisions/
Participating in the Disciplinary Committee’s decisions were former Supreme Court Justice Johan Munck, MBA Ragnar Boman, Company Director Stefan Erneholm, Lawyer Willhelm Lüning and former Authorized Public Accountant Bo Magnusson.
