As part of its supervision of information disclosed by listed companies, the FSMA is hereby publishing the following notification.
The FSMA has taken cognizance of the news release that Nyrstar NV published on 8 June 2026. In that news release, Nyrstar presents an update on the criminal investigation under way in Antwerp. The company indicates that it has been formally placed under suspicion for forgery and use of false annual financial statements, as well as for misuse of corporate assets.
The FSMA considers that a dissolution or liquidation should in no way threaten the smooth running of the criminal investigation or endanger the possibility for the company to pursue third parties if the situation should warrant it.
For this reason, the FSMA asked the company to seek the advice of external counsel, who is not their regular lawyer or counsel for its directors or shareholders, about the two following aspects:
- the impact that dissolution and liquidation would have on the ongoing criminal proceedings;
- the impact that dissolution and liquidation would have on the possibility for the company to defend its rights by initiating proceedings against the third parties responsible, if the situation should warrant it.
The advice should focus on the company’s concrete situation and take into account its history and its current structure and organization.
The FSMA has also asked the company to inform its shareholders in detail of these two points in the run-up to the 2026 Annual General Meeting.