ESMA_QA_2259
Status: ✅ Answer Published
Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/2259
Regulatory Context
Regulation : PROSPECTUS
Level 1 Regulation: Prospectus Regulation 2017/1129
Level 2 Regulation: No information available
Level 3 Regulation: No information available
Topic: Public offer
Subject Matter: Future incorporation by reference of financial information, which will be permitted once Article 19 PR is amended by the Listing Act
Question
Submission Date: 21 August 2024
How does incorporation of new annual or interim financial information by reference in a base prospectus interact with the general requirement to produce a supplement under Article 23 of the Prospectus Regulation?
ESMA Answer
Answer Date: 06-06-2025
Answer provided by the European Commission in accordance with Article 16b(5) of the ESMA Regulation The obligation to produce a supplement under Article 23 of the Prospectus Regulation shall not apply to new annual or interim financial information when it is incorporated by reference under Article 19(1b). Disclaimer: The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.
This document was automatically extracted from the ESMA EMIR Q&A database.