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REG - Soc EnergElectricaSA - Transactions Related Parties EFSA DEER

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RNS Number : 3963S  Societatea Energetica Electrica SA  13 July 2022

To:                              Romanian
Financial Supervisory Authority (ASF)

 
Bucharest Stock Exchange (BVB)

                                    London
Stock Exchange (LSE)

Current report in compliance with the Law 24/2017 on issuers of financial
instruments and market operations, ASF Regulation no. 5/2018, and the
Bucharest Stock Exchange Code

Report date: 13 July 2022

Company name: Societatea Energetica Electrica S.A. (Electrica)

Headquarters: 9 Grigore Alexandrescu Street, 1(st) District, Bucharest,
Romania

Phone/fax no.: 004-021-2085999/ 004-021-2085998

Fiscal Code: RO 13267221

Trade Register registration number: J40/7425/2000

Subscribed and paid in share capital: RON 3,464,435,970

Regulated market where the issued securities are traded: Bucharest Stock
Exchange (BVB) and London Stock Exchange (LSE)

 

Significant events to be reported: Transactions with related parties according
to Art. 108 of Law No. 24/2017 concluded by Distributie Energie Electrica
Romania SA (DEER) and Electrica Furnizare SA (EFSA), subsidiaries of
Societatea Energetica Electrica SA (Electrica)

Electrica informs its shareholders and investors about the conclusion, on 12
July 2022, of one transaction between DEER and EFSA, Electrica's subsidiaries,
that have a value that, cumulated with the rest of the transactions
concluded/executed in the period 24 May - 12 July 2022 exceeds the threshold
of 5% of Electrica's net assets, according to Electrica's individual financial
statements for 2021, respectively exceeds the value of RON 206,175,420.

Details regarding the transaction concluded in the period 24 May - 12 July
2022, which cumulatively meet the requirement provided in art. 108 of Law no.
24/2017, respectively leed to exceeding the threshold of 5% of Electrica's net
assets, according to Electrica's individual financial statements for 2021, are
presented in the Annex of this report. This Annex contais information about
the date of execution, type of transaction, description of its scope, total
value of the transaction, expiry date, mutual debts and receivables,
guarantees, penalties, payment due dates and methods.

 

Chief Executive Officer

Alexandru-Aurelian Chirita

 
 

Annex: Details regarding the transactions concluded by DEER and EFSA in the
period 24 May - 12 July 2022 of the kind listed in Art. 108 of Law No. 24/2017

 

 Agreement Type and No., execution date                                                                        Scope of transactions                                                            Amount           Date of entry into force  Expiry date                                                                      Guarantees (RON th.)  Penalties                                                                        Payment due dates and payment methods

                                                                                                                                                                                                (RON th.)
 Services provider: DEER-TN

 Beneficiary: EFSA
 C-19840/9 Jun 2021                                                                                            Providing electricity distribution service by the distribution operator for      78,236.43        1 July 2021               indefinite                                                                       N/A                   In case of non-fulfillment of payment obligations within 30 days from the due    The invoice is issued in the first 10 working days of the month for the
                                                                                                               users, end customers of the supplier, whose installations are connected to the                                                                                                                                                     date of the invoice, the supplier will pay, in addition to the amount due, a     previous month and is sent at the latest on the working day following the
                                                                                                               electricity network of the distribution operator                                                                                                                                                                                   penalty interest to this amount corresponding as a percentage of interest due    issuance of the invoice, by e-mail. Payment is made within 10 working days
                                                                                                                                                                                                                                                                                                                                                  for non-payment of obligations to the state budget), calculated for each day     from the date of issuance / transmission of the invoice.
                                                                                                                                                                                                                                                                                                                                                  of delay starting with the first day after the due date until the day of
                                                                                                                                                                                                                                                                                                                                                  payment (exclusively). The total value of the penalty interest may not exceed
                                                                                                                                                                                                                                                                                                                                                  the value of the amount due.
                                                                                                               Providing electricity distribution service by the distribution operator for      74.73
                                                                                                               users, end customers of the supplier, whose installations are connected to the
                                                                                                               electricity network of the distribution operator - other services as DO
 Convention nr.50277/22 feb 2016, AD nr .53229 A/20.10.2020 - Bistrita                                         Re-invoicing utilities expenses                                                  95.14            1 January 2016            31 December 2023                                                                 N/A                   For delays in the payment of the invoice of more than 30 days from the due       Payment is made within 10 calendar days from the date of registration of the
                                                                                                                                                                                                                                                                                                                                                  date, the lessor has the right to charge, and the lessee has the obligation to   invoice to the tenant
                                                                                                                                                                                                                                                                                                                                                  pay late payment penalties of 0.03% applied to the amount due for each
                                                                                                                                                                                                                                                                                                                                                  calendar day of delay, starting with the first day after due date. The value
                                                                                                                                                                                                                                                                                                                                                  of the penalties will not exceed the value of the outstanding debt
 Convention 30728/22 Feb 2016, AD. 4/56021/7 Oct 2020 - Oradea                                                                                                                                  1 January 2016                             For delays in the payment of the invoice of more than 30 days from the due
                                                                                                                                                                                                                                           date, the lessor has the right to charge, and the lessee has the obligation to
                                                                                                                                                                                                                                           pay late payment penalties of 0.03% applied to the amount due for each
                                                                                                                                                                                                                                           calendar day of delay, starting with the first day after due date. The value
                                                                                                                                                                                                                                           of the penalties will not exceed the value of the outstanding debt
 Convention E12.2.59/8 Mar 2011 - Oradea - utilities breakdown Oradea building                                                                                                                  1 February 2011                            Non-payment of the invoice within 30 days from the due date authorizes the
 -headquarters                                                                                                                                                                                                                             lessor to request late-payment penalties equal to the late-payment penalties
                                                                                                                                                                                                                                           due for not paying the tax obligations to the state budget in due time,
                                                                                                                                                                                                                                           applied to the amount due for each day of delay, starting with day following
                                                                                                                                                                                                                                           the due date and until the date of settlement of the amount due, exclusively.
                                                                                                                                                                                                                                           The value of the penalties may not exceed the value of the outstanding debt.
 Convention 60380/22 Feb 2016, AD SM 63761A/ 16 Dec 2020 - Satu Mare                                                                                                                            1 January 2016                             For delays in the payment of the invoice of more than 30 days from the due
                                                                                                                                                                                                                                           date, the lessor has the right to charge, and the lessee has the obligation to
                                                                                                                                                                                                                                           pay late payment penalties of 0.03% applied to the amount due for each
                                                                                                                                                                                                                                           calendar day of delay, starting with the first day after due date. The value
                                                                                                                                                                                                                                           of the penalties will not exceed the value of the outstanding debt
 Convention 1193/9 Jan 2017, AD3/21 Sept 2019 - Baia Mare                                                                                                                                       1 January 2017
 Convention 17/ 28 Feb 2019 - Cluj                                                                                                                                                              1 March 2019
 Convention 70022/5 Jan 2017, AD 71117A/1267/18 Jul 2018 - Zalau                                                                                                                                1 January 2017
 N/A                                                                                                           Works for NPM cond., COR Bistrita maneuvers                                      0.34             N/A                       N/A                                                                              N/A                   N/A                                                                              30 days
 Services provider: DEER-TS

 Beneficiary: EFSA
 C-19840/9 Jun 2021                                                                                            Providing electricity distribution service by the distribution operator for      79,764.74        1 July 2021               indefinite                                                                       N/A                   In case of non-fulfillment of payment obligations within 30 days from the due    The invoice is issued in the first working days of the month for the previous
                                                                                                               users, end customers of the supplier, whose installations are connected to the
                                                                                                                                                 date of the invoice, the supplier will pay, in addition to the amount due, a     month and is sent at the latest on the working day following the issuance of
                                                                                                               electricity network of the distribution operator                                                                                                                                                                                   penalty interest to this amount corresponding as a percentage of interest due    the invoice, by e-mail. Payment is made within 10 working days from the date
                                                                                                                                                                                                                                                                                                                                                  for non-payment of obligations to the state budget), calculated for each day     of issuance / transmission of the invoice.
                                                                                                                                                                                                                                                                                                                                                  of delay starting with the first day after the due date until the day of
                                                                                                                                                                                                                                                                                                                                                  payment (exclusively). The total value of the penalty interest may not exceed
                                                                                                                                                                                                                                                                                                                                                  the value of the amount due.
                                                                                                               Providing electricity distribution service by the distribution operator for      49.89
                                                                                                               users, end customers of the supplier, whose installations are connected to the
                                                                                                               electricity network of the distribution operator - other services as DO
 C 22/15 Feb 2018                                                                                              Providing the representation service as Balancing Responsible Party              14,251.91        15 February 2018          indefinite                                                                       N/A                   If due to his sole fault the Provider fails to fulfill its obligations under     The invoice will be paid by the provider / purchaser within 3 financial days

                                                                                                                                                                                                                                                                                                                                                the contract, the Purchaser has the right to deduct from the tariff              from the date of its receipt
 C 61/04 Apr 2018                                                                                                                                                                                                                                                                                                                                 established by the contract an amount equal to a percentage of 1.5% of the

                                                                                                                                                                                                                                                                                                                                                tariff established according to Annex 2.
 C 1466/27 Mar 2018

                                                                                                                                                                                                                                                                                                                                                If the Purchaser does not fulfill any payment obligation arising under the
 AA1 la C 22/15 Feb 2018                                                                                                                                                                                                                                                                                                                          Contract, he has the obligation to pay as penalties an amount equivalent to a

                                                                                                                                                                                                                                                                                                                                                percentage of the unpaid payment. The percentage for each day of delay is that
 AA2 la C 22/15 Feb 2018                                                                                                                                                                                                                                                                                                                          of the interest due for not paying on time the obligations for the state

                                                                                                                                                                                                                                                                                                                                                budget.
 AA3 la C 22/15 Feb 2018

                                                                                                                                                                                                                                                                                                                                                The same penalties will be charged for any amounts due by the Purchaser based
 AA4 la C 22/15 Feb 2018                                                                                                                                                                                                                                                                                                                          on the contract.

 AA5 la C 22/15 Feb 2018

 AA6 la C 22/15 Feb 2018

 AA7 la C 22/15 Feb 2018
 Services provider: DEER-MN

 Beneficiary: EFSA
 C-19840/9 Jun 2021                                                                                            Providing electricity distribution service by the distribution operator for      46.508,92        1 July 2021               indefinite                                                                       N/A                   In case of non-fulfillment of payment obligations within 30 days from the due    The invoice is issued in the first working days of the month for the previous
                                                                                                               users, end customers of the supplier, whose installations are connected to the                                                                                                                                                     date of the invoice, the supplier will pay, in addition to the amount due, a     month and is sent at the latest on the working day following the issuance of
                                                                                                               electricity network of the distribution operator                                                                                                                                                                                   penalty interest to this amount corresponding as a percentage of interest due    the invoice, by e-mail. Payment is made within 10 working days from the date
                                                                                                                                                                                                                                                                                                                                                  for non-payment of obligations to the state budget), calculated for each day     of issuance / transmission of the invoice.
                                                                                                                                                                                                                                                                                                                                                  of delay starting with the first day after the due date until the day of
                                                                                                                                                                                                                                                                                                                                                  payment (exclusively). The total value of the penalty interest may not exceed
                                                                                                                                                                                                                                                                                                                                                  the value of the amount due.
                                                                                                               Providing electricity distribution service by the distribution operator for      63.60
                                                                                                               users, end customers of the supplier, whose installations are connected to the

                                                                                                               electricity network of the distribution operator - other services as DO
 2630/01 Mar 2018                                                                                              Re-invoicing common expenses (security services)                                 0.22             1 March 2018              indefinite                                                                       N/A                   0.01% of the amount not paid on time, calculated for each day of delay           Payment is made within 60 calendar days from the date of registration of the
                                                                                                                                                                                                                                                                                                                                                  starting with the first day after the due date until the day of payment          invoice by the beneficiary
                                                                                                                                                                                                                                                                                                                                                  (exclusive). The value of the penalties may not exceed the amount due
 10335/01 Aug 2007                                                                                             Income from re-invoicing common expenses                                         8.81             1 August 2007             indefinite                                                                       N/A                   For delays in paying the invoices, the beneficiary will pay penalities of        Payment is made within 60 days from the date of registration of the invoice by
                                                                                                                                                                                                                                                                                                                                                  0.01%/day of delay, starting with the first day after the due date until the     the beneficiary
                                                                                                                                                                                                                                                                                                                                                  day of payment (exclusive)
 C37109/ 28 Feb 2022                                                                                           Re-invoicing common expenses                                                     2.02             1 March 2022              indefinite                                                                       N/A                   For delays in paying the invoices, the beneficiary will pay penalities of        Payment is made within 60 days from the date of registration of the invoice by
                                                                                                                                                                                                                                                                                                                                                  0.02%/day of delay, starting with the first day after the due date until the     the beneficiary
                                                                                                                                                                                                                                                                                                                                                  day of payment (exclusive)
 Services provider: EFSA

 Beneficiary: DEER-TN
 22/15 Feb 2018                                                                                                Providing the representation service as Balancing Responsible Party              8,571.31         1 January 2018            31 Dec 2022 with automatic extension for periods of 12 months according to AD    N/A                   If, through his sole fault, the Provider fails to fulfill its obligations        Payment is made within 3 working days from the date of receipt of the invoice

                                                                                                                                                                                                                                         4/16 Dec 2019                                                                                          under the contract, the Buyer has the right to deduct from the tariff
 AD 4/16 Dec 2019                                                                                                                                                                                                                                                                                                                                 established by the contract, as penalties, an amount equivalent to a

                                                                                                                                                                                                                                                                                                                                                percentage of 1.5% of the monthly tariff established.
 AD 5/31 Dec 2020

 AD 6/01 Feb 2021

 AD 7/03 Jun 2021
 Convention 72/26 Jan 2017, AD 2/1 Mar 2019, referring to rental services                                      Re-invoicing common expenses                                                     8.02             1 January 2017            31 Dec 2023                                                                      N/A                   For delays in the payment of the invoice for more than 30 days from the due      Payment is made within 10 days from the date of registration of the invoice
 contract 885/31 Dec 2015
                                                                                                                                                 date, the lessor has the right to charge, and the lessee has the obligation to   with the tenant

                                                                                                                                                                                                                                                                                                                                                pay, delay penalties of 0.03% applied on the amount due, for each calendar day
                                                                                                                                                                                                                                                                                                                                                  of delay, starting with the first day after the due date. The value of the
                                                                                                                                                                                                                                                                                                                                                  penalties may not exceed the value of the outstanding debt.
 Convention 13/2 Feb 2017 referring to rental services contract 885/31 Dec 2015                                Re-invoicing common expenses                                                     2.26             1 January 2017            31 Dec 2023                                                                      N/A                   N/A                                                                              Payment is made within 10 days from the date of registration of the invoice
                                                                                                                                                                                                                                                                                                                                                                                                                                   with the tenant
 Convention 21/18 Feb 2010                                                                                     Re-invoicing common expenses - water/sewage                                      0.05             19 January 2010           indefinite                                                                       N/A                   Failure to pay the invoice within 10 days from the due date, authorizes the      The due date of the invoice is 10 days from the date of registration of the
                                                                                                                                                                                                                                                                                                                                                  Owner to receive late-payment penalties equal to the level of late-payment       invoice at DEER - TN.
                                                                                                                                                                                                                                                                                                                                                  penalties charged by Compania de Apa Oradea, applied to the amount due for
                                                                                                                                                                                                                                                                                                                                                  each day of delay, starting with the day after the due date and until the date
                                                                                                                                                                                                                                                                                                                                                  of settlement of the amount due, exclusively.
 Services provider: EFSA

 Beneficiary: DEER-TS
 876/31 Dec 2015, AD 3/18 Jan 2019                                                                             Re-invoicing utilities expenses                                                  9.47             1 January 2016            31 Dec 2023                                                                      N/A                   In case of failure to pay the obligations on the due date, the tenant has the    Payment of the invoice will be made by transfer within 10 working days from

                                                                                                                                                                                                                                                                                                                                                obligation to pay, as penalties, an amount equivalent to 0.02% of the amount     the date of registration of the invoice by the tenant
                                                                                                                                                                                                                                                                                                                                                  not paid on time, for each day of delay, starting with the day after the due
                                                                                                                                                                                                                                                                                                                                                  date, until on the date of actual payment.
 Services provider: EFSA

 Beneficiary: DEER-TN, DEER-TS, DEER-MN
 268 / 29 Aug 2007; AD 16 / 18 Feb 2020 (TN)                                                                   Re-invoicing - energy quota pensioners; Energy for individuals under the         886.50           1 August 2007             For the duration of HG 1041/2003 and HG 1461/2003                                N/A                   If the beneficiary does not pay the value of the invoices within 30 calendar     Payment of the invoice will be made by transfer within 30 days from the date

                                                                                                             provisions of                                                                                                                                                                                                                      days from the due date set, the beneficiary owes the supplier penalties as       of registration of the invoice by the beneficiary

                                                                                                                                                                                                                                  follows:

                                                                                                             HG.1041/2003 and HG.1461/2003

                                                                                                                                                                                                                                                                                                                                                  ·      in the amount of 0.04% for each day of delay (TN)

 C49 / 07 Sep 2007; AD 138 / 03 Aug 2020 (TS)                                                                                                                                                                                                                                                                                                     ·      in an amount equal to the one provided for non-payment of

                                                                                                                                                                                                                                                                                                                                                obligations to the State Budget for each day of delay (TS)

                                                                                                                                                                                                                                                                                                                                                ·      in the amount of 0.1% for each day of delay (MN)

                                                                                                                                                                                                                                                                                                                                                starting with the 31st day from the due date and until the full payment of the
 R84 / 31 Aug 2007; AD 8 / 15 Ian 2020 (MN)                                                                                                                                                                                                                                                                                                       invoice. The value of the penalties cannot exceed the value of the amount
                                                                                                                                                                                                                                                                                                                                                  paid.

 

Total executed amount during 24 May - 12 July 2022: RON 228,534.34 th.

Due and not due mutual debts of EFSA to DEER at 12 July 2022: RON 201,696.68
th.

Due and not due mutual debts of DEER to EFSA at 12 July 2022: RON 3,067.95 th.

 

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