ESMA_QA_984

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/984

---

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: Incorporation by reference: language requirements

---

Question

Submission Date: 12 July 2019

Is it possible to include or incorporate by reference only the translation of the audited financial statements and the audit report without a letter/statement of consent of the auditor to fulfil the requirement of Annex 1, item 18.1. Commission Delegated Regulation 2019/980 (“audited historical financial information”)? If yes, is it necessary to request a written confirmation for the accuracy of the translation and, if so, who has to issue this written confirmation?

---

ESMA Answer

Answer Date: 12-07-2019

[ESMA31-62-1258 [Prospectus Q&A 5.1c] Yes, it is it possible to include or incorporate by reference the translation of the audited financial statements and the audit report without a letter/statement of consent of the auditor. No written confirmation for the accuracy of the translation is needed. ESMA draws attention to the fact, that according to national legislation it might be necessary to ask for the auditor’s consent to include or incorporate by reference the audit report in the prospectus.

---

This document was automatically extracted from the ESMA EMIR Q&A database.