{
  "url": "https://openlegislation.uk/eu-regulation-2008-1289/article-1",
  "json_url": "https://openlegislation.uk/eu-regulation-2008-1289/article-1.json",
  "legislation": "eur/2008/1289",
  "legislation_title": "Commission Regulation (EC) No 1289/2008 of 12 December 2008 amending Commission Regulation (EC) No 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards elements related to prospectuses and advertisements (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2008-1289",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "Article 35 of Regulation (EC) No 809/2004 is amended as follows:\n1.. Paragraphs 5 and 5a are replaced by the following:\n‘5. From 1 January 2009, third country issuers shall present their historical financial information in accordance either with one of the following accounting standards:\n(a) International Financial Reporting Standards adopted pursuant to Regulation (EC) No 1606/2002;\n(b) International Financial Reporting Standards provided that the notes to the audited financial statements that form part of the historical financial information contain an explicit and unreserved statement that these financial statements comply with International Financial Reporting Standards in accordance with IAS 1 Presentation of Financial Statements;\n(c) Generally Accepted Accounting Principles of Japan;\n(d) Generally Accepted Accounting Principles of the United States of America.\n5a. Third country issuers are not subject to a requirement, under Annex I, item 20.1; Annex IV, item 13.1; Annex VII, item 8.2; Annex X, item 20.1 or Annex XI, item 11.1, to restate historical financial information, included in a prospectus and relevant for the financial years prior to financial years starting on or after 1 January 2012, or to a requirement under Annex VII, item 8.2.bis; Annex IX, item 11.1; or Annex X, item 20.1.bis, to provide a narrative description of the differences between International Financial Reporting Standards adopted pursuant to Regulation (EC) No 1606/2002 and the accounting principles in accordance with which such information is drawn up relating to the financial years prior to financial years starting on or after 1 January 2012, provided that the historical financial information is prepared in accordance with the Generally Accepted Accounting Principles of the People's Republic of China, Canada, the Republic of Korea or the Republic of India.’;\n2.. Paragraphs 5b to 5e are deleted.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2008/1289/article/1",
    "retrieved_at": "2026-11-01T14:51:45.966398+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}