In Short - The Situation: Several Belgian-listed companies have turned to very dilutive instruments (e.g., certain types of convertible bonds and equity lines) as a source of financing, which raises risks for investors...more
By means of a communication dated 22 November 2022, the Belgian Financial Services and Markets Authority (FSMA) has provided clarification of the most common cases where crypto-assets may fall within the scope of the...more
On 23 November 2020, the Belgian FSMA launched a consultation on its draft Q&As regarding the requirements applicable to advertisements for investment instruments (the Draft Q&As).The Draft Q&As aim to ensure compliance with...more
The European Securities and Markets Authority (ESMA) has confirmed the renewal of the emergency restrictions on short selling and similar transactions by the Finanzmarktaufsicht (FMA) of Austria, the Financial Securities and...more
FSMA Communication on new procedure for electronic filing of documents - The Financial Services and Markets Authority ("FSMA") published Communication FSMA_2019_08 (in French and Dutch) on 21 March 2019 regarding the new...more
Publication by the FSMA of the 2017 statistics regarding pension funds - The Financial Services and Markets Authority (“FSMA”) published the statistical data on 21 September 2018 on the sector relating to institutions...more
Publication by the FSMA of its annual report - The Financial Services and Markets Authority (“FSMA”) published its 2017 annual report on 8 June 2018. At the occasion of its presentation, the FSMA described the preventive...more
On 20 July 2018, the new Belgian prospectus law was published in the Belgian State Gazette. This new law abolishes the Belgian prospectus law of 16 June 2016 (as of the date that the new Prospectus Regulation will fully...more
Implementation of MiFID - The FSMA issued on 18 July 2017 a communication (the “Communication”) on the preparation for the entry into force of the Directive 2014/65/EU on Markets in Financial Instruments (“MiFID II”). Such...more
The Situation: EU Member States must make key choices under the new EU Prospectus Regulation, which provides a new regime of prospectus requirements when securities are offered to the public or admitted to trading on a...more
On 31 July 2017, a new law was adopted to further implement and ensure the effectiveness of Regulation 596/2014 on market abuse ("Market Abuse Regulation"). This new law amends the law of 2 August 2002 on the supervision of...more
On 6 February 2017, Belgium's financial regulator (Belgian Financial Services and Markets Authority ("FSMA")) moved to fortify the protection of investors, publishing a position paper ("Position Paper") on the application of...more
Belgian FSMA Issues Two Communications on the Marketing of Units in EEA and Non-EEA AIFs - The Belgian Financial Services and Markets Authority (“FSMA”) published two communications dated 24 February 2017 on the...more
The Belgian Law of 18 December 2016 on crowdfunding will enter into force on 1 February 2017. The crowdfunding law creates a specific status for equity and debt crowdfunding platforms (referred to as “alternative...more
On 27 October 2015, the Belgian Financial Services and Markets Authority (“FSMA”) issued circular FSMA-2015-16 (the “Circular”) providing detailed guidance on the recently amended rules governing marketing materials used in...more
Many non-EU alternative investment fund managers (AIFMs) raising non-EU alternative investment funds (AIFs) will accept a European investor on a "reverse solicitation" basis; but they won't "market" into Europe. This is...more
On 12 June 2014, the Royal Decree of 12 April 2014 regarding certain information requirements governing the commercialization of financial products to non-professional (retail) clients was published in the Belgian Official...more