Within the framework of its supervision of the information disseminated by listed companies1, the FSMA is publishing the following warning regarding Nyrstar, a company whose shares are admitted to trading on Euronext Brussels.
The FSMA deems that the shareholders do not have sufficient information to be able to approve the annual financial statements for the financial year ended on 31 December 2018 at the general meeting of 25 June 2019. The FSMA bases this determination on the fact that the auditor issued a report of non-compliance concerning the said annual financial statements.
The FSMA has therefore asked the Board of Directors of Nyrstar that during the meeting, it postpone the decision on approving the financial statements by five weeks, as provided for in Article 555 of the Companies Code.
The FSMA has also recommended to Nyrstar that:
- during the General Meeting of 25 June 2019, and even though this is not on the agenda,
- it provide full transparency about the circumstances that led to the signing of the lock-up agreement and the recapitalisation terms announced on 15 April 2019;
- it answer questions that the shareholders will put to them;
- it make available on its website as soon as possible all the information that is provided to the shareholders during the aforementioned general meeting, including the questions posed and the answers given to the shareholders’ questions.