FG Lawyers provided its response to the Ministry of Finance in respect of the consultation document that was published in relation to the proposed increase of the offering threshold from €2.5 million to €5 million to be exempt from the prospectus obligation. An issuer who wishes to rely on the exemption in respect of its offering of securities to the public in the Netherlands, needs to comply with a set of conditions under Dutch law. In the consultation document new conditions are being introduced. If the new conditions become applicable in its proposed form, an issuer will not only need to include a prescribed exemption notification on any offering material and advertisements in relation to the offering (which it already needs to do currently), but it also needs to inform the Dutch regulator, the AFM, in advance of its intention to rely on the exemption as well as publish an information document in a prescribed form (which is currently only made available in the Dutch language). Our response (in Dutch only) can be found here.
