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ARTICLE · 17 AUGUST 2023

ESMA Statement On Expected Sustainability Disclosures In Prospectuses

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On 11 July 2023, the European Securities and Markets Authority ("ESMA"), the EU's financial markets regulator and supervisor, issued a Public Statement (the "Statement") on how issuers...

IrelandCorporate/Commercial Law

On 11 July 2023, the European Securities and Markets Authority ("ESMA"), the EU's financial markets regulator and supervisor, issued a Public Statement (the "Statement") on how issuers should fulfil the specific disclosure requirements under the Prospectus Regulation ("PR") in relation to sustainability-related matters. The Statement covers both equity and non-equity prospectuses. In this update, we focus on the impact of the Statement on non-equity prospectuses.

Expected Standard of Sustainability Disclosures

ESMA emphasised that, although the PR disclosure requirements do not explicitly refer to sustainability-related matters, issuers and their advisors should consider these when preparing prospectuses where the effects of those matters are 'material'. Whether a matter is material will depend on if it is necessary to an investor for making an informed assessment of:

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