On 21 July 2019, the new Prospectus Regulation (EU) 2017/1129 (“Prospectus Regulation”) replacing the Prospectus Directive 2003//71/EY entered into force in full. The new articles allowing e.g. issue new shares to public without a prospectus when aggregate issue price was no more than MEUR 8 during a period of 12 months (compared to previous equivalent limit of MEUR 5) were already implemented effective as at 1 January 2019. The full application of the Prospectus Regulation means that EU prospectuses which are filed to the Finnish Financial Supervision Authority (“FIN-FSA”) now have to be drafted and approved under the new regulations.
We will continue our blog on SPAs and private M&A deals next, but in the meanwhile I take a step to the public M&A world and write a few words about exclusivity. This is often a hotly debated issue, but the main principle and aim of the clause are clear.