Warning to the public 2/2006 under article 64.7 of the Spanish Securities Market Act.


 
In fulfilment of article 64.7 of the Securities Market Act, the CNMV warns the public that
AUREA NEGOCIOS, S.L., an entity belonging to the AIM GRUPO, addressed in
Madrid, Parque Empresarial Las Mercedes, Avenida de Burgos nº 330, Edificio 6,
Madrid, and managed by MR. DAVID SAMPER BRAVO and MR. FRANCISCO
GUILLÉN REQUENA:
 
1. It is not an entity registered with the CNMV.
 
2. It is not authorised to appeal or get savings from the public.
 
3. According to the information available to the CNMV, it has been offering
investment services without the required authorisation.
 
4. The Executive Committee of the CNMV, by delegated authority from the
Council of the CNMV by Resolution dated 21 April 2005, according to the
provisions of article 36 of the CNMV’s Internal Regime Code concerning the
sanctioning procedure, on June 29th, 2006, resolved to initiate an administrative
sanctioning file against AUREA NEGOCIOS, S.L., MR. DAVID SAMPER
BRAVO and MR. FRANCISCO GUILLÉN REQUENA, on the grounds of the
alleged commission of a very serious infringement classified in article 99 q) of
the Securities Market Act, for the breach of the provision set forth in article 64.6,
in relation with letter d) of article 63.1 of the above mentioned legal text, for
carrying out on a regular basis the activities of discretionary and individualised
portfolio investment management on the basis of mandates granted by
investors, without having obtained the mandatory authorisation.
 
5. Pursuant to article 64.7 of the Securities Market Act, the Executive Committee
of the CNMV, in its meeting of June 29th, 2006, agreed to inform AUREA
NEGOCIOS, S.L., MR. DAVID SAMPER BRAVO and MR. FRANCISCO
GUILLÉN REQUENA of the alleged infringements in order for them to allege as
much as they deemed fit, within the procedure of prior hearing before issuing of
the relevant request for the termination of the activities of the company.
On July 21st, 2006, the CNMV received allegations against the request for the
termination of the activities from AUREA NEGOCIOS, S.L.
 
6. Pursuant to article 64.7 of the Securities Market Act, and considering that the
referred allegations did not contradict the alleged infringements, the Council of
the CNMV, in its meeting of July 27th, 2006, has resolved:
 
− “ To request AUREA NEGOCIOS, S.L., MR. DAVID SAMPER BRAVO and
MR. FRANCISCO GUILLÉN REQUENA to terminate their activity of
provision of investment services through the activity discretionary and
individualised portfolio investment management on the basis of mandates
granted by investors, without having obtained the mandatory authorisation,
in contravention of the reserved activity set forth in article 64.6 of the
Securities Market Act, being the company warned that should it continue to
carry out the above mentioned activity, it will be sanctioned with fines of up
to three hundred thousand Euros, which could be imposed again with
occasion of further requests and all without prejudice to the remaining
applicable responsibilities, including criminal ones, which can be eventually
imposed.
 
− To warn the public in relation to the existence of the above mentioned
conduct”.
 
7. Pursuant to paragraph 2 of article 64.7 of the Securities Market Act, the CNMV
warns the public against the activities carried out by the company AUREA
NEGOCIOS, S.L., MR. DAVID SAMPER BRAVO and MR. FRANCISCO
GUILLÉN REQUENA, and informs the public about the preventive measures
adopted to terminate them.
 
July 31st, 2006
 
Please, visit http://cnmv.es/Advertencias/Nacionales/VisualizaAdvertencias.asp , alerts
issued as of July 3rd, 2006, related to AUREA NEGOCIOS, S.L., and October 15th,
2003, related to AIM WARRANTS, S.A., among others.
 

Oprettet d.  23.07.2003  og sidst redigeret d.  16.05.2007