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Article 212-46 en vigueur au

  • Version into force since
ELI : /en/eli/fr/aai/amf/rg/article/212-46/20191122/notes

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

The promotional marketing materials referred to in the first paragraph 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 an offer of financial securities to the public referred to in point 1 of Article L. 411-2-1 of the Monetary and Financial Code.

II. – All promotional marketing materials shall contain a warning stating that the offer is not subject to a prospectus submitted for the approval of the AMF.

III. – All information other than promotional information about an offer of financial securities to the public referred to in point 1. of Article L. 411-2-1 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.