Prospectus

News & Analysis as of

Simpler or simplistic? The Prospectus Regulation

The European Commission has continued in its drive towards a European Capital Markets Union by proposing measures in the Prospectus Regulation which it hopes will revamp the current prospectus regime. We are told that...more

CJEU confirms when jurisdiction clauses in bond prospectuses will bind purchasers on the secondary market

Last month the Court of Justice of the European Union (CJEU) published its preliminary ruling in Profit Investment Sim SpA, in liquidation v Stefano Ossi and others. The case considered the circumstances in which a party...more

Blog: Council of the EU agrees its position on the Prospectus Regulation – next steps

The Permanent Representatives Committee (Coreper) of the Council of the European Union has agreed a negotiating position on the proposed Prospectus Regulation. The Council is expected to confirm Coreper’s decision on 17 June...more

Blog: Council of the European Union publishes a general approach on the Prospectus Regulation

The Council of the European Union has published a “Presidency proposal for a general approach on …” the Prospectus Regulation....more

Blog: European Prospectus Regulation: Council publishes 5th Presidency Compromise text

The Council of the European Union has published the 5th Presidency Compromise version of the proposed Prospectus Regulation....more

The Financial Report, Volume 5, Number 10 - May 2016 (Global)

Two stories prominent in the financial media this week highlight the interesting policy challenges facing the nation’s lawmakers. On Monday, the so-called equity crowdfunding rules went into effect. The rules,...more

Blog: European Prospectus Regulation: Council publishes 4th Presidency Compromise text

The Council of the European Union has published the 4th Presidency Compromise version of the new Prospectus Regulation. The Prospectus Regulation will replace the Prospectus Directive (2003/71/EC), and the Directive...more

Harmonized Reporting for Private Placements (with Increased Disclosure Requirements)

An issuer that distributes securities to the public must either file a prospectus with securities regulatory authorities and deliver such prospectus to prospective purchasers, or rely upon a prospectus exemption available...more

Canadian Securities Administrators amend reporting requirements for exempt financings

On April 7, 2016, the Canadian Securities Administrators (the CSA) published final amendments to National Instrument 45-106 Prospectus Exemptions and its Companion Policy. The amendments harmonize the reporting requirements...more

Governance & Securities Law Focus: Europe Edition, April 2016

In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates. Please see full Newsletter below for more...more

UK Financial Regulatory Developments - April 2016 #9

ESRB extends deadline for recommendations on funding credit institutions - ESRB has published a Recommendation which it adopted concerning changes to the set of recommendations on the funding of credit institutions. EBA...more

Financial Conduct Authority Prospectus Rules updated

In November 2015, the European Commission adopted a legislative proposal for a new Prospectus Regulation which will, in due course, repeal and replace the current Prospectus Directive and related implementing measures....more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Other EU developments – Benchmark Regulation and Changes to Prospectus Directive - ESMA issued a discussion paper on implementation of the Benchmarks Regulation on 15 February 2016. ...more

SEC Imposes Fine for Improper Research Report

In March 2016, the SEC entered into a settlement agreement with a U.S. broker-dealer, which initiated research coverage of an issuer after being invited by the issuer to participate as an underwriter for that issuer’s planned...more

UK Financial Regulatory Developments - March 2016 #9

CRR liquidity reporting metrics published in OJEU - The Implementing Regulation relating to additional monitoring metrics for liquidity reporting under the CRR has been published in the OJEU. The new text sets out the...more

Regulatory Technical Standards Amending the EU Prospectus Regime

A Delegated Regulation on regulatory technical standards for publication of prospectuses and the dissemination of advertisements was published in the Official Journal of the European Union. The RTS stipulates amendments to...more

Global Financial Markets Insight - Issue 9, Q1 2016

The beginning of 2016 has proved uncomfortable for markets. The fall in oil prices, the downturn of the Chinese markets and the continued uncertainty over Europe continue to drive a negative and uncertain outlook. With...more

The Financial Report - Volume 5, No. 3 - February 2016 (Global)

Democratic presidential candidates Bernie Sanders and Hillary Clinton have been taking jabs at one another about who would do a better job of holding financial services firms and their employees responsible for misconduct....more

New Investment Dealer Prospectus Exemption

Securities regulatory authorities in each of British Columbia, Alberta, Saskatchewan, Manitoba and New Brunswick recently announced the creation of a new prospectus exemption that will allow certain issuers to distribute...more

UK Financial Regulatory Developments - February 2016 #9

Prudent valuation RTS correction published in OJEU - A minor corrigendum to the Commission’s RTS for prudent valuation under the Capital Requirements Regulation (CRR) has been published in the OJEU. (Source: Prudent...more

New Prospectus Exemption for Investors that Receive Suitability Advice from a Registered Investment Dealer

Securities regulatory authorities in each of British Columbia, Alberta, Saskatchewan, Manitoba and New Brunswick recently announced the creation of a new prospectus exemption that will allow certain issuers to distribute...more

The Long Long Game: The EU Financial Regulatory Agenda Into 2016 and Beyond

2016 will mark the eighth anniversary of the collapse of Lehman Brothers and the raft of regulatory reforms introduced in the aftermath of that event and the wider financial crisis will continue to be implemented during the...more

Prospectus Directive: The Commission’s Proposal for a New Prospectus Regulation

The European Commission, as part of its Capital Markets Union action plan and its commitment to simplify and harmonize EU laws, on November 30, 2015 adopted a proposal for a new prospectus regulation, intended to replace the...more

Prospectus Directive: The Commission’s Proposal for a New Prospectus Regulation

The European Commission, as part of its Capital Markets Union action plan and its commitment to simplify and harmonize EU laws, on November 30, 2015 adopted a proposal for a new prospectus regulation, intended to replace the...more

"European Commission's New Initiative Aims to Promote Access to Capital Markets"

In early 2015, the European Commission (Commission) launched the Capital Markets Union (CMU), one of its flagship initiatives, to address its perception that capital markets-based financing in the European Union could be...more

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