Recently a ruling of the Supreme Court for Civil Matters was made about prospectus liabilities: Basically, issuers that publicly offer certain investments and securities must publish a prospectus. Nevertheless, providers other than the issuer who offered these financial products are also liable for the compliance with the prospectus obligations. With this new ruling the term provider is extended further. The regulations of the capital market act are interpreted in a way, that everyone who informs the investing public and to whom the information is attributed to is a provider (6 Ob 97/18k).
28. September 2018