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Article 212-28 into force from to

  • Version into force from to
ELI : /en/eli/fr/aai/amf/rg/article/212-28/20180721/notes

I. – Any promotional marketing materials relating to a public offering or an admission to trading on a regulated market shall be communicated to the AMF before being disseminated.

Such promotional marketing materials shall:

  1. State that a prospectus has been or will be published and indicate where investors are or will be able to obtain it;

  2. Be clearly recognisable as such;

  3. Contain no false or misleading statements;

  4. Contain information that is consistent with the information in the prospectus, if already published, or with information required to be in the prospectus, if the prospectus is to be published at a later time;

  5. Contain a notice drawing the reader's attention to the section of the prospectus on risk factors;

  6. [Removed by the decree of 11 July 2018];

  7. Comply with Delegated Regulation (EU) no. 2016/301 relating to the approval and publication of the prospectus and dissemination of advertisements, and notably with the principles stated in points (c) and (d) of Article 12 regarding, respectively, the need for balanced information and the absence of alternative performance indicators concerning the issuer, unless these indicators appear in the prospectus itself.

The AMF may require that promotional marketing materials contain a warning about certain exceptional characteristics of the issuer or the guarantors, if any, or the financial securities being offered to the public or admitted to trading on a regulated market.

II. – Where the public offering or request for admission to a regulated market has not given rise to the production of a prospectus in accordance with Articles 212-4 and 212-5, any promotional marketing materials shall contain the warning mentioned in Article 211-3 (1°).