Under Article 21 of the Prospectus Regulation (Regulation (EU) 2017/1129) the approved prospectus is required to be published in electronic form, in an easy to access and unrestricted section of the website that can be downloaded, printed or searched through, at latest at the start of the public offering on the issuer’s website or on the website of the intermediaries placing the offering or the regulated market. The incorporated documents, supplements, final terms and a separate copy of the summary (as applicable as a link) are to be made available in the same section of the website as the prospectus. The issue-specific summary is required to be included as an annex to the final terms for the filing of final terms with the OeKB. This is the only way for guaranteeing that it is successfully transferred to ESMA. The prospectus that is made available to the public must be identical to the original version that was approved by the FMA. Among other things, and official signature is added by the FMA to the approved prospectus, so that it is easy for investors to determine that it is a prospectus that has been approved by the FMA. For this reason, it is not sufficient to publish the prospectus without the corresponding FMA official signature, in order to satisfy the disclosure obligations.
Article 31 (2) of Regulation (EU) 2017/1129 permits Member States to transfer duties to third parties in relation to the electronic publication of approved prospectuses, supplements and accompanying documents. The Austrian legislator has made use of this authorisation in Article 13 para. 3 of the Capital Market Act of 2019 (KMG 2019; Kapitalmarktgesetz 2019) and has authorised the FMA to transfer these duties to the notification office stipulated in the KMG.
With effect from 21.07.2019 responsibility for publication has been transferred to the Oesterreichische Kontrollbank AG in its function as the notification office in the form of a transfer agreement pursuant to Article 13 para. 3 KMG 2019.
Since 21.07.2019, all prospectuses approved by the FMA as well as all prospectuses from other EU Member States notified to Austria are available from the Oesterreichische Kontrollbank AG.
List of eligible prospectus controllers
The scrutiny of the investment prospectus for correctness and completeness is to be undertaken by a prospectus controller pursuant to Article 7 KMG 2019.
The list contains the list of eligible prospectus controllers drawn up and updated on the basis of proposals by the Chamber of Tax Advisors and External Auditors (KSW; Kammer der Steuerberater und Wirtschaftsprüfer) pursuant to Article 7 para. 2 KMG 2019.
- Download: List of eligible prospectus controllers (File format: PDF, File size: 39 Kilobytes)