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Article 2 Submission of an application for approval

  1. (1)

    The issuer, offerer or person asking for admission to trading on a regulated market shall submit all drafts of the prospectus in searchable electronic format via electronic means to the competent authority. A contact point to which the competent authority can submit all notifications in writing, via electronic means, shall be specified at the time the first draft of the prospectus is submitted.

  2. (2)

    Along with the first draft of the prospectus submitted to the competent authority, or during the prospectus review process, the issuer, offerer or person asking for admission to trading on a regulated market shall also submit in searchable electronic format:

    1. (a)

      where required by the FCA in accordance with Article 25(4) of Regulation (EC) No 809/2004 or on their own initiative, a cross reference list which shall also identify any items from Annexes I to XXX to Regulation (EC) No 809/2004 that have not been included in the prospectus because, due to the nature of the issuer, offerer or person asking for admission to trading or the securities being offered to the public or admitted to trading, they were not applicable.

      Where the cross reference list is not submitted, and where the order of the items in the draft prospectus does not coincide with the order of the information provided for in the annexes to Regulation (EC) No 809/2004, the draft prospectus shall be annotated in the margin to identify which sections of the prospectus correspond to the relevant disclosure requirements. A prospectus which is annotated in the margin shall be accompanied by a document identifying any items contained in the relevant annexes to Regulation (EC) No 809/2004 that have not been included in the prospectus because they were not applicable, due to the nature of the issuer, offerer or person asking for admission to trading or the securities being offered to the public or admitted to trading;

    2. (b)

      where the issuer, offerer or person asking for admission to trading on a regulated market is requesting that the FCA authorises the omission of information from the prospectus pursuant to section 87B FSMA, a reasoned request to that effect;

    3. (d)

      any information which is incorporated by reference into the prospectus, unless such information has already been approved by or filed with the FCA in accordance with section 4 of chapter 2 of the Prospectus Rules sourcebook;

    4. (e)

      any other information considered necessary, on reasonable grounds, for the review by the FCA and expressly required by the FCA for that purpose.