MKT 4.8 MKT 4.8 Incorporation by reference
MKT 4.8.1 MKT 4.8.1(1) Subject to Rule 4.8.1(3), where a requirement in this chapter requires disclosure of information in a Prospectus, the Person making the Prospectus Offer may incorporate that information by reference to another source of information, provided that:(a) the source of information is publicly available on a continuing basis;(b) the information is clearly set out and easily accessible in that source;(c) the information is in the English language; and(d) the information can be accessed without charge.(2) A reference must also contain sufficient information to enable an investor to decide whether to obtain the information or any part of it.(3) A Summary must not incorporate information by reference.(4) Documents may only be incorporated by reference where the documents are either approved or filed with:(a) the Regulator; or(b) a foreign securities regulator having jurisdiction over the Person making the Prospectus Offer.
Information that may generally be incorporated by reference includes instruments or statute of incorporation of a Company, annual reports, periodic financial reports and listing particulars.
A Person who makes a Prospectus Offer must provide a copy of any information incorporated by reference under this section free of charge to any Person who requests it during the Offer Period.