lexiara

Recital 46

(46) In order to ensure that issuers are timely informed of the result of the scrutiny of their prospectus, competent authorities should be required to respect a clear deadline for their scrutiny. In the case of failure to take a decision on the prospectus within the set time limits, a competent authority should notify the reason for that failure to the issuer, the offeror or the person asking for admission to trading on a regulated market as well as to ESMA, which should publish on a yearly basis an aggregate report on the competent authorities’ compliance with the set time limits. Furthermore, Member States should ensure that appropriate measures are in place to address any failure by competent authorities to comply with the set time limits to take a decision on the prospectus. However, such failure should not be deemed to constitute approval of the application.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.