LONDON, May 29 (Reuters) - Companies should not share
market sensitive information with external analysts ahead of
financial statements, the European Union's securities watchdog
said on Wednesday, in its first such warning.
The European Securities and Markets Authority (ESMA) said
companies should be aware of EU laws for preventing market
abuses when holding "pre-close calls" with selected analysts.
These refer to communications, before the publication of
financial statements, between a company and analysts who
generate research, forecasts and recommendations on the
company's shares and bonds.
"ESMA considers that 'pre-close calls' carry inherent risks
of inadvertent unlawful disclosure of inside information
increased by the lack of publicity of these events and the
absence of records of what was presented," the regulator said in
a statement.
"Consequently, issuers should only share non-inside
information during these 'pre-close calls'," it added.
ESMA noted recent media reports suggesting a connection
between episodes of high volatility in share prices and
'pre-close calls'.
Reuters reported in October 2023 that shares in German
carmaker Porsche rose after a broker said the message from a
pre-close call was "neutral to positive".
Shares in Volkswagen rose strongly in January, which traders
linked to a pre-close call ahead of results, Reuters reported.
ESMA said "good practice" shown by some companies include
public disclosure of upcoming calls, making material discussed
in calls available simultaneously on the website, recording the
calls and making them available to regulators on request, and
keeping records of information disclosed.
The EU's market abuse rules are policed by national
securities watchdogs, and sanctions can include fines for
individuals and companies.