Securities Law Compliance is a critical process for public companies, brokerage firms, asset managers, and other regulated market participants. Upon entering the capital market, companies incur ongoing obligations: periodic reporting, immediate disclosure of material information, prohibition of insider trading, and adherence to corporate governance standards. Violation of these rules leads to severe financial penalties, license suspension, and reputational damage. This service involves comprehensive legal support to ensure that businesses continuously comply with the requirements of the Law on Securities Market and National Bank regulations.
What Does the Securities Law Compliance Service Cover?
Lawyers help companies create and manage an effective compliance system:
- Reporting Management: Preparing and submitting annual, semi-annual, and current reports to the National Bank and Stock Exchange within statutory deadlines.
- Insider Information Control: Developing internal policies to prevent the dissemination of insider information and monitoring employee trading.
- Conflict of Interest Management: Implementing mechanisms to prevent conflicts of interest in brokerage firms and asset managers.
- AML/CFT Compliance: Adhering to specific anti-money laundering regulations when trading securities.
- Licensed Activity Audit: Periodic legal checks of brokerage and registrar activities for compliance with regulator requirements.
Common Scenarios and Risks
Compliance issues often arise in the following situations:
- Delayed Disclosure of Material Events: A director change or a major transaction occurred in a public company, but the information was not published immediately, leading to a fine.
- Insider Trading: A company manager bought shares before the publication of financial statements, which is a criminal offense.
- Regulatory Inspection: The National Bank conducts a scheduled inspection of a brokerage firm, requiring legal assistance in submitting documentation.
- Corporate Governance Breach: Violation of rules for holding shareholder meetings or absence of an independent supervisory board member.
Georgian Legal Framework
The field is regulated by the Law of Georgia on Securities Market, the Law on Entrepreneurs, and normative acts of the National Bank of Georgia. Crucial is the "Rule on Submission and Publication of Information by Accountable Enterprises," which sets disclosure standards. Also, special rules for capital adequacy and client asset protection apply to brokerage firms. Violations of regulations are subject to administrative, and in severe cases, criminal liability.
Service Process: What to Expect
The lawyer conducts an audit of the company's internal processes. A "Compliance Calendar" is created so reporting deadlines are not missed. Internal instructions are drafted (e.g., regarding "blackout periods" for trading). If there are questions from the regulator, the lawyer prepares responses and represents the company's interests. The goal is prevention, avoiding fines, and maintaining a "clean" reputation in the market.
Why Choose Legal.ge?
The securities market is a field of details. One mistake in reporting can cost a company dearly. Legal.ge features lawyers with practical experience in Compliance for public companies and financial institutions. We will help you ensure that regulations become part of your business structure rather than a hindering factor.
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