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The new prospectus legal regime under Belgian law


  • 10 july 2019
  • Conferences & Publications
The new prospectus legal regime under Belgian law

The Act of 11 July 2018 on public offerings of placement instruments and on the admission of placement instruments to trading on a regulated market aims at transposing the Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market. This legislation shall ultimately replace the Act of 16 June 2006 on public offerings of placement instruments and on the admission of placement instruments to trading on a regulated market. This transition shall neither take place completely nor immediately but on a step by step basis. During the current transition period, one must have regard in part to the Act of 16 June 2006, in part to the Act of 11 July 2018 and in part to Regulation 2017/1129 of 14 June 2017. The purpose of this paper is to present a summary of the currently applicable legal regime under Belgian law in terms of the prospectus to be published when placement instruments are offered to the public, with a special focus on the scope of the Act of 11 July 2018 as well as on the main innovations regarding the threshold of the legal duty to publish a prospectus.

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