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Israel signs two prospectus-related MoUs

Chris Hamblin, Editor, London, 6 June 2017

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The Israel Securities Authority has signed two memoranda of understanding: one with the UK’s Financial Conduct Authority and one with Germany’s Federal Financial Supervisory Authority (BaFin).

The MOU with the UK establishes principles for co-operation, consultation and the exchange of information regarding the FCA's approval for prospecti submitted by Israeli issuers. According to the agreement, Israeli prospecti, after including a series of additional details, may be 'filed' in the UK. The second MOU, signed with the German BaFin (Bundesanstalt fur Finanzdienstleistungsaufsicht) sets down principles for co-operation, consultation, and exchange of information concerning the submission of Israeli-issued prospecti in Germany and of German-issued prospecti in Israel.

In July 2015, after an assessment performed by the European Securities and Markets Authority (ESMA) and the ISA in response to an amendment to a European directive and changes in Israeli regulation, ESMA issued a decision that it recognizes Israeli regulation covering the contents and format of prospecti under the Securities Law. The significance of the decision is that Israeli prospecti, with the addition of a series of additional information, may be submitted in EU countries for the purpose of listing an Israeli company on an EU exchange, according to specific collaboration agreements in place with European regulators.   

The Israeli regulator has written: "Signing the MOUs with the British and German authorities is part of the programme to implement the ESMA decision by signing agreements with individual EU regulators on mutual recognition of prospectuses."

According to the MOU signed with the FCA, Israeli issuers whose securities are listed for trade in Israel before applying for listing with the UK authorities, or Israeli issuers who apply for listing concurrently in both countries, may submit a prospectus (after approval by the ISA and inclusion of the additional information defined in the ESMA decision) with the relevant British agencies for listing in a regulated market in the UK.

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