ESMA_QA_1869
Topic
Alternative Performance Measures (APM)
27/01/2017
Subject Matter
Financial measures calculated using exclusively figures stemming from financial statements; Paragraphs 4, 17 to 19 of the APMs Guidelines.
Question
Do the APMs Guidelines apply to financial measures such as financial ratios calculated using exclusively figures directly stemming from financial statements?
Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC
ESMA_QA_1867
Topic
Alternative Performance Measures (APM)
20/12/2016
Subject Matter
Applicability of ESMA’s Guidelines on Alternative Performance Measures (APMs) to prospectuses comprising documents published before and on/after 3 July 2016
Question
ESMA’s Guidelines on Alternative Performance Measures (ESMA/2015/1415) apply to APM’s disclosed by issuers or persons responsible for the prospectus when publishing regulated information or prospectuses on or after 3 July 2016, cf. paragraph 5 of the Guidelines. Given that a prospectus can be formed by a combination of a registration document and a securities note, and a summary where applicable, and that prospectuses or base prospectuses can incorporate by reference the information contained in a previously approved registration document, do the Guidelines apply:

- to a registration document containing APMs which was published before 3 July when that registration document is combined with a securities note published on/after 3 July?

- to a registration document (or prospectus) containing APMs which was published before 3 July when the information contained in that registration document is incorporated by reference into a prospectus or base prospectus published on/after 3 July?

- to a supplement containing APMs published on/after 3 July when the prospectus or registration document was published before 3 July?
Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC