ARTICLE
2 August 2016

Prospectuses: ESMA Updates Q&A

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A&O Shearman

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On 6 April 2016, ESMA published version 24 of its Q&A on prospectuses.
European Union Corporate/Commercial Law

On 6 April 2016, ESMA published version 24 of its Q&A on prospectuses. This version includes one new question around whether a prospectus can include an additional column to reflect recent or future material changes to the capitalisation and indebtedness statements required pursuant to Item 3.2 of Annex III (Minimum disclosure requirements for the share securities note) of the Prospectus Regulation. ESMA considers that it will depend on whether or not the change has triggered the requirement to disclose pro forma financial information, whether it is a recent complex change, whether it is a recent straightforward change and, in the case of a future change, whether it is certain or not.

Version 24 of ESMA's Q&A on prospectuses can be accessed here:

https://www.esma.europa.eu/sites/default/files/library/2016-576_24th_version_qa_prospectus_related_issues.pdf

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