New Rules and Regulations on the Duty to Publish a Prospectus in Switzerland: Scope of Application, Exemptions and Alleviations
Journal
ECL (European Company Law)
Type
journal article
Date Issued
2021
Author(s)
Abstract (De)
On 1 December 2020, the revised duty to publish an approved prospectus in accordance with the Swiss Financial Services Act (FinSA) and the Swiss Financial Services Ordinance (FinSO) became fully effective. From a practical perspective, the scope of application of the duty to
publish a prospectus has been significantly expanded and extended. Another remarkable novelty is the introduced set of explicit exemptions and alleviations from such duty, which are largely in line with the Prospectus Regulation (earlier, the Prospectus Directive) of the European Union. There are not only similarities, however, but also differences. This article analyses and discusses the scope of application, exemptions and alleviations from the duty to publish a prospectus under the new rules and regulations in Switzerland. Using a functional and comparative approach, the article focuses on differences between European and Swiss law in this regard and further examines the new rules and regulations applicable to Swiss public offers for acquisition of securities and admission of securities to trading on a Swiss trading venue in light of European compatibility.
publish a prospectus has been significantly expanded and extended. Another remarkable novelty is the introduced set of explicit exemptions and alleviations from such duty, which are largely in line with the Prospectus Regulation (earlier, the Prospectus Directive) of the European Union. There are not only similarities, however, but also differences. This article analyses and discusses the scope of application, exemptions and alleviations from the duty to publish a prospectus under the new rules and regulations in Switzerland. Using a functional and comparative approach, the article focuses on differences between European and Swiss law in this regard and further examines the new rules and regulations applicable to Swiss public offers for acquisition of securities and admission of securities to trading on a Swiss trading venue in light of European compatibility.
Language
English
Refereed
Yes
Volume
18
Number
2
Start page
68
End page
76
Subject(s)
Division(s)
Eprints ID
266374
File(s)![Thumbnail Image]()
Name
Jentsch - New Rules and Regulations on the Duty to Publish a Prospectus in Switzerland.pdf
Size
361.98 KB
Format
Adobe PDF
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