Entire Act

1.6. Supplementary Prospectus

(1) Section 73 of the Framework Regulations requires the Issuer or the Person responsible for the issue of the Prospectus to issue a Supplementary Prospectus if, at any time after the issue of a Prospectus, there is a significant change in, or a material mistake or inaccuracy affecting any matter contained in the Prospectus or a significant new matter arises. The Supplementary Prospectus must provide details of the change, mistake, inaccuracy or new matter.

(2)The Supplementary Prospectus must be submitted for approval in the same way as the respective Prospectus.

(3) Section 74 of the Framework Regulations gives investors certain rights to withdraw in the event that the obligation to issue a Supplementary Prospectus arises.

1.6.1. Statement in the Supplementary Prospectus as to the right of withdrawal

A Supplementary Prospectus must contain a prominent statement concerning the right of withdrawal, which clearly states:

  • (a) that a right of withdrawal is granted to those investors who had already agreed to purchase or subscribe for the Securities before the Supplementary Prospectus was published and where the Securities had not yet been delivered to the investors at the time when the significant new factor, material mistake or material inaccuracy arose or was noted; and
  • (b) the period in which investors can exercise their right of withdrawal; and
  • (c) whom investors may contact should they wish to exercise the right of withdrawal.

1.6.2. Prospectus Summary to be updated

Where a Supplementary Prospectus is published, the Prospectus Summary must be supplemented, where necessary, to take into account the new information included in the Supplementary Prospectus.