[ESMA 31-62-1258 Prospectuses Q&A nr 14.6]

Generally, the annexes which apply to those existing securities should be applied to the prospectus for comparable securities. However, issuers and competent authorities should consider whether it is necessary to include additional information in the prospectus in order to satisfy the ‘necessary information test’ in Article 6(1) and Article 14(2) of the Prospectus Regulation. For example, this information could be derived from items from another securities note or additional information annex, taking into account the relevant characteristics of the securities being offered or admitted to trading on a regulated market.

Recital 24 of Commission Delegated Regulation 2019/980 states that, ‘there is the possibility that certain types of securities that are not covered by the Annexes to this Regulation will be offered to the public or admitted to trading. In such a case, to enable investors to make an informed investment decision, competent authorities should decide in consultation with the issuer, offeror or person asking for admission to trading on a regulated market which information should be included in the prospectus.’. Therefore, issuers should contact the competent authority in their home Member State when they are uncertain which annexes should be applied to a prospectus.