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Belgian FSMA publishes final FAQs regarding advertisements for investment instruments

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Niels De Waele

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On 1 April 2021, the FSMA published a communication containing its final version of the Frequently Asked Questions (FAQs) on the requirements applicable to advertisements for investment instruments when they are offered to the public, admitted to trading or distributed to retail clients. Visit the following links for the Dutch and French versions of the FAQs. The English version is currently unavailable. 

The FAQs aim to ensure compliance with the substantive requirements applicable to advertisements by providing clear guidance and clarification on good practices.

In this eAlert, we briefly discuss some highlights of the FAQs, in particular where, in our view and based on our experience, these FAQs mark a shift in practice.

For more information on the consultation process that led to the FAQs, please refer to our previous publication dated 3 December 2020 on the FSMA’s draft Q&As (read here). For more information on the Belgian prospectus rules in the context of the entry into force of the Prospectus Regulation, please refer to our publication dated 31 July 2018  (read here).