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ESMA_QA_2261
Topic
22/08/2024
Subject Matter
ELTIFs granting loans
Question
Can an ELTIF acquire equity or debt instruments issued by another collective investment scheme (CIS) or grant loans to another CIS, i.e. can CISs qualify as qualifying portfolio undertaking as referred to in points a), b) and c) of Article 10(1) of the ELTIF Regulation? If yes, would the conditions set under article 11 or under article 10(1)d) apply? And would the look-through approach referred to in Article 10(2) of the ELTIF Regulation apply in this case, in particular for debt instruments referred to in Article 10(1)(b) of that Regulation issued by CIS, if CIS can qualify as “qualifying portfolio undertaking as referred to in Article 11?
ESMA_QA_2260
Topic
21/08/2024
Subject Matter
Future incorporation by reference of financial information, which will be permitted once Article 19 PR is amended by the Listing Act
Question
Where shall the issuer incorporate by reference new annual or interim financial information in the case of a base prospectus drawn up as separate documents or in the case of a standalone tripartite prospectus? For how long this information may be incorporated by reference?
Level 1 Regulation
ESMA_QA_2259
Topic
21/08/2024
Subject Matter
Future incorporation by reference of financial information, which will be permitted once Article 19 PR is amended by the Listing Act
Question
How does incorporation of new annual or interim financial information by reference in a base prospectus interact with the general requirement to produce a supplement under Article 23 of the Prospectus Regulation?
Level 1 Regulation
ESMA_QA_2258
Topic
21/08/2024
Subject Matter
Future incorporation by reference of financial information, which will be permitted once Article 19 PR is amended by the Listing Act
Question
Information that is incorporated pursuant to Article 19(1b) of the Prospectus Regulation will not have been considered by an NCA during the prospectus scrutiny and approval process. How will that interact with the NCA’s approval statement which will be included in the base prospectus at the time of approval?
Level 1 Regulation
ESMA_QA_2257
Topic
21/08/2024
Subject Matter
Future incorporation by reference of financial information, which will be permitted once Article 19 PR is amended by the Listing Act
Question
How should issuers comply with the requirement to include a hyperlink to new annual or interim financial information that will be incorporated by reference if such information is not yet available at the time of approval of the base prospectus?
Level 1 Regulation