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New version applies from 04/01/2011 — introduced by Directive 2010/73/EU, Directive 2010/78/EU. 79 provisions change. Later versions: 26/11/2013, 23/05/2014, 20/07/2017, 21/07/2018, 21/07/2019. Article 8 changes in this version: compare with the current text.

Article 8 - Omission of information

Article 8
Omission of information

1.Member States shall ensure that where the final offer price and amount of securities which will be offered to the public cannot be included in the prospectus:

(a)

the criteria, and/or the conditions in accordance with which the above elements will be determined or, in the case of price, the maximum price, are disclosed in the prospectus; or

(b)

the acceptances of the purchase or subscription of securities may be withdrawn for not less than two working days after the final offer price and amount of securities which will be offered to the public have been filed.

The final offer price and amount of securities shall be filed with the competent authority of the home Member State and published in accordance with the arrangements provided for in Article 14(2).

2.The competent authority of the home Member State may authorise the omission from the prospectus of certain information provided for in this Directive or in the implementing measures referred to in Article 7(1), if it considers that:

(a)

disclosure of such information would be contrary to the public interest; or

(b)

disclosure of such information would be seriously detrimental to the issuer, provided that the omission would not be likely to mislead the public with regard to facts and circumstances essential for an informed assessment of the issuer, offeror or guarantor, if any, and of the rights attached to the securities to which the prospectus relates; or

(c)

such information is of minor importance only for a specific offer or admission to trading on a regulated market and is not such as will influence the assessment of the financial position and prospects of the issuer, offeror or guarantor, if any.

3.Without prejudice to the adequate information of investors, where, exceptionally, certain information required by implementing measures referred to in Article 7(1) to be included in a prospectus is inappropriate to the issuer's sphere of activity or to the legal form of the issuer or to the securities to which the prospectus relates, the prospectus shall contain information equivalent to the required information. If there is no such information, this requirement shall not apply.

4.In order to take account of technical developments on financial markets and to ensure uniform application of this Directive, the Commission shall, ►M1 ————— ◄ , adopt implementing measures concerning paragraph 2. ►M1 Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(2a). ◄

Official text · consolidated version 20/03/2008 (no longer in force) Open full page ↗
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