MKT 4.7 MKT 4.7 Offer documents from other jurisdictions
MKT 4.7.1 MKT 4.7.1(1) The Regulator may, subject to (2), approve an Offer document produced under legislation in a jurisdiction other than the ADGM for the purposes of meeting the Prospectus requirements in this chapter where:(a) it is satisfied that:(i) the Offer document contains information equivalent to that which is required for a Prospectus in this chapter; and(ii) the Offeror meets all the other requirements relating to a Prospectus Offer as prescribed in these Rules; or(b) the other jurisdiction provides a level of regulation relating to the Offer which is acceptable to the Regulator.(2) The Regulator may, subject to (3), approve an Offer document referred to in (1) in accordance with the requirements and procedures set out in Rule 4.6 and, subject to such conditions or restrictions imposed by the Regulator as it sees fit.(3) An application for approval of an Offer document produced in accordance with the legislation in a jurisdiction other than the ADGM must:(a) be made using such form as the Regulator shall prescribe;(b) be accompanied by the relevant fee prescribed in FEES; and(c) include:(i) where the Offer document referred to in (1) is not in the English language, an English translation acceptable to the Regulator; and(ii) a clear statement that it is an Offer document prepared in accordance with the requirements applicable in the relevant jurisdiction and not in the ADGM.(4) An Offer document referred to in (1) is an Approved Prospectus for the purposes of section 61(2)(a) of the FSMR where it has been approved by the Regulator in accordance with the requirements in this Rule and Rule 4.6.(5) The procedures in Part 6 of the FSMR apply to a decision of the Regulator under this Rule not to approve an Offer document or to impose conditions or restrictions on an approval.
A Person considering filing an Offer document pursuant to Rule 4.7.1 should approach the Regulator at the earliest possible time to discuss how to proceed. This is because the Regulator will undertake the assessment required under Rule 4.7.1 on a case-by-case basis. See Guidance under Rule 4.6.2 for details relating to the Regulator Prospectus approval process.