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Article 212-46 into force from to

  • Version into force from to
ELI : /en/eli/fr/aai/amf/rg/article/212-46/20180721/notes

I. – Any promotional marketing materials relating to a public offering of financial securities referred to in point 1 of Article L. 411-2 (I) of the Monetary and Financial Code, regardless of their form and method of dissemination, shall be forwarded to the AMF before being disseminated.

Such promotional marketing materials shall:

  1. state that a summary information document 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 and does not contradict the information in the summary information document, if already published, or with information which should be in the information document, if the latter is to be published subsequently;

  5. contain balanced information and not mention any alternative performance indicators concerning the issuer, unless these indicators appear in the summary information document 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 which are the subject of a financial securities offering referred to in point 1 of Article L. 411-2 (I) of the Monetary and Financial Code.

II. – Any promotional marketing materials shall contain the warning mentioned in Article 211-3 (1°).

III. – All information other than promotional information about a financial securities offering referred to in point A of Article L. 411-2 of the Monetary and Financial Code, shall be consistent with the information in the summary information document, regardless of its form and method of dissemination.

IV. – In the event that a supplement to the summary information document is published after promotional marketing materials have been published, an amended version of the promotional marketing materials shall be published and submitted to the AMF before being disseminated.