Major shareholder notices in Spain
In accordance with the EU Transparency Directive (2004/109/EC) (TD), Berkeley Energia Limited (Berkeley or Company) advises that following the end of the United Kingdom’s (UK) transition period for leaving the European Union (EU) on 1 January 2021, the Company’s home Member State for the trading of its shares in the EU has ceased to be the UK, and instead is now be Spain and that the competent authority of the home Member State is the Spanish National Securities Market Commission (CMNV).
Following this change the Company reminds its shareholders that anyone who acquires or transfers shares of Berkeley must inform it and the CNMV about such transactions —and their aggregate voting rights— whenever they reach or cross any of the following thresholds: 3%, 5%, 10%, 15%, 20%, 25% 30, 35%, 40%, 45%, 50%, 60%, 70%, 75%, 80% and 90% of BKY’s voting rights.
Further, if as a shareholder you are located in a tax haven (according to Spanish law), then the communication must be carried out whenever the your voting rights reach or cross a threshold 1% of the Company’s voting rights (and all its successive multiples). Essentially you are required to communication every time the you cross a unit-percentage threshold.
Information about how to carry out the notifications with the CNMV:
Shareholders can notify the CNMV either (1) through a representative in Spain or (2) on their own if (a) they have an electronic certificate that is valid in Spain or (b) they have a CNMV account for these purposes. To activate an account, shareholders would have to do the following (below are the CNMV official instructions):
- The person subject to the notification obligation must send to the CNMV a duly signed letter expressly identifying the authorized natural persons that would powers to send notifications on its behalf.
Please note that the identification of the authorised natural persons must include their passport number/other identification document, name and surname(s) and relationship with the person subject to the notification obligation (representative, employee, etc.).
- Subsequently, the authorized natural person must file the electronic form available at the following link: New User Form (cnmv.gob.es)
- Finally, the applicant would receive the username and the password needed to file notifications with the CNMV.
CNMV official instructions for major shareholders – click here.