What should the so-called ‘third party statement’ in the prospectus look like?
Pursuant to various items included in the annexes to the Prospectus Regulation (Commission Regulation (EC) Nr. 809/2004), such as item 23.2 of Annex I and item 16.2 of Annex IV, a prospectus may contain a statement relating the to any information included in the prospectus obtained from third parties.
This so-called ‘third party statement’ should state: “The information has been accurately reproduced and as far as the issuer is aware and is able to ascertain from information published by that third party, no facts have been omitted which would render the reproduced information inaccurate or misleading.” Needless to say, the third party information that the statement is referring to must be clearly identified.
The AFM does not allow substantive changes to this statement if such changes are inconsistent with the responsibility statement included in the prospectus pursuant to item 1.2 of Annex I of the Prospectus Regulation.
The following text relating to the ‘third party statement’ was not permitted AFM due to the fact that the bold text is not consistent with the responsibility statement:
“Although we believe these sources are reliable, as we do not have access to the information, methodology and other bases for such information, we have not independently verified the information and therefore cannot guarantee its accuracy and completeness.”
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