Cap. 345 ст. 15BResponsibility attaching to the prospectus.
PART III
(1) Notwithstanding the provisions of this Act or any other law, the issuer, the offeror, the person asking for the admission to listing and, or trading on an authorized regulated market, the guarantor or, when any of the foregoing is a legal entity, the members of its administrative, management or supervisory bodies, as the case may be, shall be jointly and severally responsible and civilly liable for the information submitted in a prospectus, and any supplement thereto.
(2) Notwithstanding the provisions of this Act or any other law, no civil liability shall attach to any person mentioned in sub-article (1) solely on the basis of the summary pursuant to Article 7 of the Prospectus Regulation or the specific summary of an EU Growth prospectus pursuant to the second sub-paragraph of Article 15(1) of the Prospectus Regulation, including any translation thereof, unless:
(a) it is misleading, inaccurate or inconsistent, when read together with the other parts of the prospectus; or
(b) it does not provide, when read together with the other parts of the prospectus, key information in order to assist investors when considering whether to invest in the securities.
(3) The persons responsible for the prospectus, and any supplement thereto in accordance with sub-article (1), shall be clearly identified in the prospectus by their names and functions or, in the case of legal entities, their names and registered offices, as well as declarations by them that, to the best of their knowledge, the information contained in the prospectus is factually correct and that the prospectus makes no omission likely to affect its import.
(4) The person mentioned in sub-article (1) shall be responsible for the information submitted in a registration document or in a universal registration document only in those cases where the registration document or the universal registration document is in use as a constituent part of an approved prospectus:
Provided that the provisions of this sub-article shall apply without prejudice to Articles 4 and 5 of the Transparency Directive where the information under those Articles is included in a universal registration document.
История изменений
- Amended by XLVI.2021.21