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    Press release: Sanction decisions adopted by the Board of the Financial Supervisory Authority in April 2022

Press release: Sanction decisions adopted by the Board of the Financial Supervisory Authority in April 2022

 

Bucharest, 11 May 2022 - The Board of the Financial Supervisory Authority adopted, in April 2022, several decisions to sanction entities/persons operating in the non-banking financial market for violating some provisions of the incident legislation.

CAPITAL MARKET

S.A.I. Certinvest S.A.

As a result of the use of the results of a periodic control at S.A.I. Certinvest S.A., the following measures were ordered:

  • sanctioning with fine in the amount of Lei 24,700 of A.I. Certinvest S.A.;
  • sanctioning of with fine in the amount of Lei 1,700, of Mr. Alexandru Voicu as General Manager;
  • sanctioning with fine in the amount of Lei 1,700 of Mrs. Ana Irina Racolța, as Compliance Director and Compliance Officer in the field of prevention and combating money laundering and terrorist financing;
  • sanctioning with fine in the amount of Lei 2,300 of Mr. Cosmin Alexandru Mizof, as Risk Administrator;
  • sanctioning with warning of Mr. Radu Viorel Buzea, as Deputy General Manager;
  • imposition of a plan of measures to remedy the deficiencies identified.

The main deficiencies found concerned some aspects of the company’s capital requirements, governance and operational activity.

 

Alpha Bank S.A.

Following the exploitation of the results of a periodic inspection at Alpha Bank S.A., as intermediary on the capital market, the following measures were ordered:

  • notice of Mr. Florin Raicu, as Head of MiFID Office and Conflict of Interests;
  • imposition of a plan of measures to remedy the deficiencies identified.

The deficiencies found concerned some business processes (personal transactions).

 

Bursa de Valori București S.A.

As a result of the exploitation of the results of a periodical inspection at Bursa de Valori București S.A., the following measures were ordered:

  • sanctioning with warning of Mr. Cristian Bornoiu, as Compliance Officer in the field of prevention and combating money laundering and terrorist financing;
  • imposition of a plan of measures to remedy the deficiencies identified.

The main deficiencies found concerned some aspects of the procedural/organisational framework.

 

S.S.I.F. Bursa Română de Mărfuri S.A.

Following the exploitation of the results of an unannounced check at S.S.I.F. Bursa Română de Mărfuri S.A., the following measures were ordered:

  • sanctioning with warning of S.I.F. Bursa Română de Mărfuri S.A.;
  • sanctioning with warning Mr. Dragoș Onea, as the person in charge of risk management;
  • establishment of an action plan to remedy the deficiencies identified.

The main deficiencies found concerned aspects of prudential requirements.

 

Braiconf S.A. - Sanctioning with warning of Mr. Toderiță Ștefan - Alexandru, shareholder of Braiconf S.A., for failure to comply with the obligation to report reaching/exceeding the position of 5% of the voting rights on the issuer.

S.S.I.F. Share Invest S.A. - Following a permanent control report, the following measures were ordered: Sanctioning of S.S.I.F. Share Invest S.A.  with warning and limiting the scope of activity to an initial capital of EUR 50,000. The measure was ordered as a result of the fact that the company does not have the required minimum level of own funds related to the authorised activity.

Other types of measures

Electroargeș S.A. – Suspension, during the carrying out of the Ordinary General Meeting of Shareholders and General Meeting of Shareholders of Electroargeș S.A. Curtea de Argeș, convened for 28/29.04.2022, of the exercise of voting rights related to a number of 16,000,000 ELGS shares, registered with the Central Depository in the account of the company Investments Constantin S.R.L., which was the subject of file no. 238/1259/2020, in which Pitești Court of Appeal pronounced the Civil Decision no. 448/A-C.

 

INSURANCES

Asito Kapital S.A. – Sanctioning with written warning for lack of proper and orderly record-keeping of guarantee policy documents.

Comisasig Broker de Asigurare S.R.L.  - Sanctioning with written warning for the fact that the deadline for transmission to the Financial Supervisory Authority of the changes of the identity document of the administrator of the brokerage company has not been observed.

Comisasig Broker de Asigurare S.r.l. - Sanctioning with written warning for amendments to the Memorandum of Association of the brokerage company regarding the change of the shareholders’ structure and the appointment of new administrators without the approval of the Financial Supervisory Authority.

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About the Financial Supervisory Authority

The Financial Supervisory Authority is the national authority, established in 2013 by GEO 93/2012 approved by Law 113/2013, for the regulation and supervision of the insurance, private pension and capital markets. The FSA contributes to strengthening the integrated framework for the functioning of the three sectors, which together account for more than 10 million participants. More information can be found at www.asfromania.ro.