MKT 4.9 MKT 4.9 Notification of material changes during the currency of the Prospectus
MKT 4.9.1 MKT 4.9.1(1) If, during the currency of the Prospectus:(a) there is a significant change in, or a material mistake or inaccuracy affecting, any matter contained in the Prospectus; or(b) a significant new matter arises,the Person making the Prospectus Offer must produce a Supplementary Prospectus in accordance with the requirements in this Rule.(2) For the purpose of (1), "significant" or "material" means information which an investor would reasonably require for the purpose of making an informed assessment relating to the Securities to which the Prospectus relates.(3) In the case of a Prospectus Offer, the Person required to produce the Supplementary Prospectus under (1) must:(a) make a clear statement that it is a Supplementary Prospectus;(b) comply with the requirements in Rule 4.6 relating to the approval of a Supplementary Prospectus;(c) ensure that the Supplementary Prospectus is available until the end of the Offer Period:(i) in the same media and through the same channels as the original Prospectus; and(ii) to each offeree free of charge; and(d) provide the Supplementary Prospectus without undue delay to each Person who has subscribed for or offered to purchase the Securities in reliance on the initial Prospectus.(4) For the purposes of complying with (3), if the Prospectus comprises a Registration Statement and a Securities Note, the Supplementary Prospectus must consist of an updated Registration Statement and Securities Note.
Particular care should be taken so that the financial information in a Prospectus is not outdated. For example, in respect of the last year of audited financial information included in a Prospectus, such information is required, under Rule A1.1.1 (item 7.1) of APP 1, not to be older than 18 months from the date of the Registration Statement where the Issuer includes audited interim financial statements in the Registration Statement and, not to be older than 15 months, if such interim financial statements are unaudited.
Where Rule 4.9.1 applies, any reference in these Rules to a Prospectus must be read as a reference to a Prospectus as amended by a Supplementary Prospectus unless the context requires otherwise.
When a Supplementary Prospectus has been filed for the purposes of the requirement in Rule 4.9.1(1), the Person responsible for producing the Supplementary Prospectus must:(1) inform offerees of their right to confirm or withdraw any subscription or Offer made on the basis of the original Prospectus and the manner in which to do so; and(2) allow the offeree a period of at least seven Business Days from the date of receipt of the Supplementary Prospectus in which to confirm or withdraw its subscription or Offer.