REPLIES THE BSE

. (Translated by Cosmin Ghidoveanu)
Ziarul BURSA #English Section / 3 aprilie 2014

THE BSE

"Following the article < By buying shares in the BSE, Sobolewski has violated the Regulations of the BSE > which was published in the April 2nd, 2014 issue of BURSA, the Bucharest Stock Exchange makes the following clarifications.

The provisions of art. 99 of the Regulations concerning the organization and the operation of the Bucharest Stock Exchange SA (BVB) apply to the employees of the company, namely to the employees of the BSE that have concluded permanent or fixed-term employment contracts with the BSE. The article does not apply to the managers of the BSE (The CEO and the Deputy CEO). The managers of the BSE are governed by the provisions of article 100 of the same regulation, provisions which only expressly restrict the acquisition of shares issued by a brokerage firm or by people involved in the latter, or by another market or system operator, respectively.

Considering that the information published in the BURSA newspaper, both in the aforementioned article and in other recent articles, misleads the public when it comes to the actions of the BSE and of its representatives, affecting its credibility and reputation, the BSE is considering initiating the legal actions necessary to stop the dissemination of erroneous information to the general public and to the stock market participants.

Thank you,

Mariana"

Editors' note

Since the right of reply has been sent by e-mail from the address of Mariana Ciurel, we suspect, though we are not completely certain, that the "Mariana" who is thanking us is Mariana Ciurel, the Head of the Marketing and International Relations Department of the BSE.

A mistake...

There are several aspects of interest in the reply we got from the Bucharest Stock Exchange (BVB) - the twisted circumstance, the bizarre logic and the overreaction.

THE TWISTED CIRCUMSTANCE

On April's Fools Day, the journalist of BURSA addressed a question, sent by e-mail, to Mariana Ciurel, and a confirmation to Lucian Anghel and Ludwik Sobolewski:

"On what basis did Ludwik Sobolewski, the CEO of the BSE, buy shares in the company, considering art. 99 of the Operating Rules of the BSE, published on the website of the institution?"

Even though it would have been simple to answer us right away, like they did in the reply, "The legal basis is Article 100 of the same Regulation", the BSE kept quiet, like it's been doing for some time now, leaving us to assess the situation as best we could on our own.

The article which the BSE deigns to respond now is telling when it comes to our comprehension ability, given the unwillingness o the BSE to he helpful, so the BSE has no reason to complain: the twisted situation was created by the BSE, which chose to let the article appear first, and only then to give us clarification.

THE BIZARRE LOGIC

It's strange how the people from the management of the BSE construe their own Regulation: essentially they lay out restrictions for the whole staff of the BSE, from which the CEO of the BSE is supposedly exempted, even though that is not confirmed in writing anywhere.

According to our comprehension ability, the natural relation between the area of the restrictions pertaining to the CEO of the BSE and that of the restrictions pertaining to the staff of the BSE is one of inclusion, where the restrictions that concern the CEO are more comprehensive and include the restrictions aimed at the staff of the BSE (see chart).

Once again, we believe that, had the author of the Regulation intended to have the CEO be exempt from the restrictions which concern the whole staff of the BSE, they would have mentioned it explicitly: "with the exception of the CEO".

Such a mention does not exist.

Therefore the reasoning that the restrictions of article 99 don't apply to the CEO of the BSE, like the reply of the BSE reproduced here, is wrong.

THE OVERREACTION

The representatives of the BSE are threatening us with "legal action" to "stop us" from "further disseminating erroneous information", such as the one in the article to which they are replying now.

First of all, there was no inaccurate information published.

The information published is that Sobolewski bought shares in the BSE and that information was taken from the BSE website.

If the BSE is publishing erroneous information, then it should sue itself, not us.

Aside from the information mentioned above, we have also interpreted its implications, given the lack of cooperation of the BSE, and based on the reasoning mentioned above, we have found that Sobolewski violated his own regulations.

I repeat, this is not an information, but an interpretation thereof, which could perhaps be erroneous, (but we have not yet reached that conclusion; quite the opposite, for now).

But it is obvious, we have made every due diligence, which makes the "legal action" threat completely unjustified.

Such an exaggerated reaction can not be explained as being a result of this article, nor in relation to others that were recently published, which the Reply alludes to, but rather as an exasperation at the aspects that are worthy of criticism which the BURSA newspaper has uncovered in the activity of Ludwik Sobolewski (in the case of Lucian Anghel there is no need).

Having recently come here from Poland, perhaps Sobolewski thinks his intimidation attempts will "work".

But our readers know that this is a mistake.

The Operating Rules of the BSE posted on the website of the BSE

Art. 99 (1) The staff of the BSE may not act as shareholders, administrators, employees, auditors, brokers, representatives of the Internal Audit department or auditors of customers of the BSE that are Participants in the trading system of the BSE or issuers of securities traded on the BSE.

(2) As an exception to the provisions of art. 1, the staff of the BSE can be shareholders in the issuers listed on the regulated markets and the alternative trading systems or on the RASDAQ market managed by the BSE, only in the case of stakes which they acquired through the mass privatization process or received as damages according to the law, or the position of shareholders in investment management companies.

Art. 100 The managers and CEOs of the BSE, the husband/wife or their relatives, as well as their relatives by affinity up to the 2nd degree and included, may not be shareholders, administrators, auditors, employees, brokers, representatives of the internal audit department in a brokerage firm or people involved in it or in another market or system operator.

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