Financial Markets Act (Cap. 345)
Financial Markets Act (Cap. 345), article 15B
15B. (1) Notwithstanding the provisions of this Act or any
other law, the issuer, the offeror, the person asking for the a dmission to
listing and, or trading on an authorized regulated market, the guarantor
or, when any of the foregoing is a legal entity, the members of its
administrative, management or supervisory bodies, as the case m ay be,
shall be jointly and severally responsible and civilly liable f or the
information submitted in a prosp ectus, and any supplement there to.
(2) Notwithstanding the provisions of this Act or any other law,
no civil liability shall attach to any person mentioned in sub- article (1)
solely on the basis of the summary pursuant to Article 7 of the
Prospectus Regulation or the specific summary of an EU Growth
prospectus pursuant to the second sub-paragraph of Article 15(1 ) of
the Prospectus Regulation , including any translation thereof, unless:
(a) it is misleading, inaccurate or inconsistent, when read
together with the other parts of the prospectus; or
(b) it does not provide, when read together with the other
parts of the prospectus, key information in order to
assist investors when considering whether to invest in
the securities.
(3) The persons responsible f or the prospectus, and any
supplement thereto in accordance with sub-article (1), shall be clearly
34 CAP. 345.] FINANCIAL MARKETS
identified in the prospectus by their names and functions or, i n the case
of legal entities, their names a nd registered offices, as well as
declarations by them that, to th e best of their knowledge, the
information contained in the pro spectus is factually correct an d that
the prospectus makes no omissi on likely to affect its import.
(4) The person mentioned in sub-article (1) shall be responsible
for the information submitted in a registration document or in a
universal registration document only in those cases where the
registration document or the universal registration document is in use
as a constituent part of an approved prospectus:
Provided that the provisions of this sub-article shall apply
without prejudice to Articles 4 and 5 of the Transparency Directive
where the information under those Articles is included in a uni versal
registration document.
Notification of
decision.
Substituted by:
XVII. 2002.114.
Amended by:
XX. 2007.30;
XX. 2013.30.
Substituted by:
XLVI.2021.22.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.