ESMA · ESMA_QA_1004 Published Answer Updated

Supplements - Supplement to prospectuses: audited annual financial statements (Deleted 09/09/2026)

Regulation
Prospectus Regulation 2017/1129
Topic
Public offer
Submitted
2021-05-05
Answered
2021-05-05
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Question

Does the publication of new audited annual financial statements during the period of validity of a base prospectus or a non-equity prospectus automatically trigger the obligation to produce a supplement? (Deleted 09/09/2026)

Answer

ESMA_QA_1004 is deleted - 09 September 2026   [ESMA31-62-1258 Prospectuses Q&A 8.5] No. When new audited annual financial statements are published during the period of validity of a base prospectus or a non-equity prospectus, contrary to the situations specified in Article 18(1)(a) of Commission Delegated Regulation 2019/979, there is no automatic trigger to publish a supplement in such a scenario. Without prejudice to the powers of the home competent authority, the issuer should make its own materiality assessment pursuant to Article 23(1) of the PR to determine whether a supplement is necessary or not.
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This Q&A is published by European Securities and Markets Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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