What should the responsibility statement in the prospectus look like?
Pursuant to item 1.2 of Annexes Iand equivalent items of other relevant annexes of the Prospectus Regulation (Commission Regulation (EC) Nr. 809/2004), a prospectus must contain a statement in which responsibility is taken for the entire contents of the prospectus.
This statement must be a literal reproduction of the wording included in item 1.2 and the AFM does not allow any variations in the responsibility statement.
The AFM requires the responsibility statement to be provided in the following form: (…) declares that, having taken all reasonable care to ensure that such is the case, the information contained in the prospectus is, to the best of their knowledge, in accordance with the facts and contains no omission likely to affect its import.
The AFM did not permit the inclusion of the following responsibility statements in prospectuses:
"The issuer declares that no information has been omitted that would change the scope of what is included in this Prospectus in any material respect."
"The issuer is not aware of data omitted which could affect the import of this Prospectus.”
"The initiator is responsible for the preparation of this Prospectus."
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