Paragraph 8
Where a prospectus has been approved in accordance with Article 20 of Council Directive No. 89/298/EEC in another member State it shall, subject to sub-paragraph (2), be deemed for the purposes of regulation 4(1) to comply with regulations 8 and 9 of these Regulations provided that—
where the prospectus as approved in the other member State was written in a language other than English, the prospectus has been translated into English and the translation has been certified to be a correct translation in the manner prescribed in regulation 6 of the Companies (Forms) Regulations 1985f1 or the corresponding Northern Ireland provision;
the offer of securities to which the prospectus relates is made in the United Kingdom simultaneously with the making of the offer in the member State where the prospectus was approved or within 3 months after the making of that offer;
there is added to the information contained in the prospectus as approved in the other member State such of the following information as is not included in the prospectus as so approved—
a summary of the tax treatment relevant to United Kingdom resident holders of the securities;
the names and addresses of the paying agents for the securities in the United Kingdom (if any);
a statement of how notice of meetings and other notices from the issuer of the securities will be given to United Kingdom resident holders of the securities; and
where a partial exemption or partial derogation has been granted in the other member State pursuant to Council Directive No. 89/298/EEC—
the partial exemption or partial derogation in question is of a type for which a corresponding partial exemption or partial derogation is made in these Regulations; and
the circumstances that justify the partial exemption or partial derogation also exist in the United Kingdom.
Where, prior to the delivery for registration to the registrar of companies of a prospectus which has been approved in another member State, a supplement to the prospectus has been approved pursuant to Article 23 of Council Directive No. 80/390/EEC or Article 18 of Council Directive No. 89/298/EEC in the member State where the prospectus was approved, the references in sub-paragraph (1) and in paragraph 7 to a prospectus shall be taken to be references to the prospectus taken together with the supplement.
Annotations
Footnotes
- f1
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S.I. 1985/854.