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Commission Delegated Regulation (EU) 2020/1272 of 4 June 2020 amending and correcting Delegated Regulation (EU) 2019/979 supplementing Regulation (EU) 2017/1129 of the European Parliament and of the Council with regard to regulatory technical standards on key financial information in the summary of a prospectus, the publication and classification of prospectuses, advertisements for securities, supplements to a prospectus, and the notification portal (Text with EEA relevance)

CELEX
Delegated Regulation (EU) 2020/1272
Date of document
Articles
5
Source
EUR-Lex
Article 1Amendments to Delegated Regulation (EU) 2019/979

Delegated Regulation (EU) 2019/979 is amended as follows:

(1)

Article 18(1) is amended as follows:

(a)

in point (a), points (i) and (ii) are replaced by the following:

‘(i)

an issuer where a prospectus relates to shares or other transferrable securities equivalent to shares;

(ii)

an issuer of the underlying shares or other transferable securities equivalent to shares in case of securities referred to in Articles 19(2) or 20(2) of Delegated Regulation (EU) 2019/980;’;

(b)

in point (d), points (i) and (ii) are replaced by the following:

‘(i)

an issuer where a prospectus relates to shares or other transferrable securities equivalent to shares;

(ii)

an issuer of the underlying shares or other transferable securities equivalent to shares where a prospectus relates to securities referred to in Articles 19(2) or 20(2) of Delegated Regulation (EU) 2019/980;’;

(c)

point (e) is replaced by the following:

‘(e)

third parties make a new takeover bid as defined in Article 2(1)(a) of Directive 2004/25/EC of the European Parliament and of the Council  ( *1 ) or the result of any takeover bid becomes available in respect of any of the following:

(i)

the equity of the issuer where a prospectus relates to shares or other transferrable securities equivalent to shares;

(ii)

the equity of the issuer of the underlying shares or other transferable securities equivalent to shares where a prospectus relates to the securities referred to in Articles 19(2) or 20(2) of Delegated Regulation (EU) 2019/980;

(iii)

the equity of the issuer of the underlying shares of depository receipts where a prospectus is drawn up in accordance with Articles 6 and 14 of Delegated Regulation (EC) 2019/980;

( *1 )   Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids ( OJ L 142, 30.4.2004, p. 12 ).’;"

(d)

in point (f), points (i) and (ii) are replaced by the following:

‘(i)

shares or other transferrable securities equivalent to shares;

(ii)

securities as referred to in Article 19(2) of Delegated Regulation (EU) 2019/980;’;

(e)

point (h) is replaced by the following:

‘(h)

in the case of a prospectus relating to shares or other transferrable securities equivalent to shares or to the securities referred to in Articles 19(2) or 20(2) of Delegated Regulation (EU) 2019/980, a new significant financial commitment is likely to give rise to a significant gross change as defined in Article 1, point (e), of that Delegated Regulation;’;

(2)

the following Article 22a is inserted:

‘Article 22a

Summaries of prospectuses approved between 21 July 2019 and 16 September 2020 for non-financial entities issuing equity securities

Summaries of prospectuses that contain information as referred to in Table 3 of Annex I and that have been approved between 21 July 2019 and 16 September 2020 shall continue to be valid until the end of the validity of those prospectuses.’;

(3)

Annex I is amended in accordance with Annex 1 to this Regulation;

(4)

Annex VII is amended in accordance with Annex 2 to this Regulation.

Article 2Corrections to Delegated Regulation (EU) 2019/979

Article 21 of Delegated Regulation (EU) 2019/979 is replaced by the following:

‘Article 21

Download of documents and accompanying data

ESMA shall ensure that the notification portal makes any uploaded documents and accompanying data available to the relevant competent authorities.’.

Article 3Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .

However, Article 1, point (1), (3) and (4) and Article 2 shall apply from 21 July 2019.

Schedules & Appendices

ANNEX 1

ANNEX 1

In Annex I to Delegated Regulation (EU) 2019/979, Table 3 is replaced by the following:

‘Table 3

Cash flow statement for non-financial entities (equity securities)

Year

Year -1

Year -2

Interim

Comparative interim from same period in prior year

*Relevant net Cash flows from operating activities and/or cash flows from investing activities and/or cash from financing activities ’

ANNEX 2

ANNEX 2

In Table 1 of Annex VII to Delegated Regulation (EU) 2019/979, in the column ‘Format and Standard to be used for reporting’, in entry 26, ‘DRCP’ is replaced by ‘DPRS’.

5 articles

Cite this act

Commission Delegated Regulation (EU) 2020/1272 of 4 June 2020 amending and correcting Delegated Regulation (EU) 2019/979 supplementing Regulation (EU) 2017/1129 of the European Parliament and of the Council with regard to regulatory technical standards on key financial information in the summary of a prospectus, the publication and classification of prospectuses, advertisements for securities, supplements to a prospectus, and the notification portal (Text with EEA relevance) (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32020R1272

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

EU-EurLex-Reuse-2011-833

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