ARTICLE
10 February 2015

ESMA Publishes Consultation Paper On Draft Prospectus Standards

SS
Shearman & Sterling LLP

Contributor

Our success is built on our clients’ success. We have a long and distinguished history of supporting our clients wherever they do business, from major financial centers to emerging and growth markets. We represent many of the world’s leading corporations and major financial institutions, as well as emerging growth companies, governments and state-owned enterprises, often working on ground-breaking, precedent-setting matters. With a deep understanding of our clients' businesses and the industries they operate in, our work is driven by their need for outstanding legal and commercial advice.
On 23 May 2014 the Omnibus II Directive amended the Prospectus Directive, providing for ESMA to draft RTSs covering a number of prospectus-related issues...
United States Corporate/Commercial Law

On 23 May 2014 the Omnibus II Directive amended the Prospectus Directive, providing for ESMA to draft RTSs covering a number of prospectus-related issues that are to be submitted to the Commission and which then have the potential to be adopted through delegated regulation. On 26 September 2014 ESMA published a consultation paper with regard to certain draft standards in this area.

The draft standards address the following topics:

  • Incorporation by reference (the standards set out a full list of information compliant with Article 11(1) of the Prospectus Directive);
  • Prospectus approval procedure (the standards cover submission requirements for accompanying documents, submission procedure for prospectuses and draft prospectuses, as well as specifying the communication channels between authority and applicant);
  • Prospectus publication (the standards introduce rules that facilitate access to electronic prospectuses); and
  • Availability of information relating to public offers and admission to trading on a regulated market (the standards set out four categories of communication for advertisements).

The deadline for the draft standards to be submitted to the Commission is 1 July 2015 and the consultation was closed on 19 December 2014.

The consultation is available at: http://www.esma.europa.eu.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More