BELGIUM: New circular on Belgium takeovers – method of submitting takeover documents

Friday December 14 2012

The FSMA has published Circular 2012/20 on Belgium takeovers, which regulates the procedure for the submission and handling of dossiers relating to public offers pursuant to the Law of 1 April 2007 on Belgium takeover bids.

Per the Circular, Belgium takeover documents which require submission to the FSMA are to be submitted:

• on paper (ideally printed on both sides), to the attention of Ms V. De Schryver and Mr T. Lhoest as well as
• by e-mail to: intro.ems@fsma.be.

The dossier is deemed to have been submitted at the point when the FSMA has received, by post or courier (during office hours), all the documents together with a covering letter signed by a person authorized to represent the issuer in the transaction in question2 and containing the following items:
a) a clear description of the identity of the issuer, the offeror or party soliciting proxy rights (including the person’s nationality);
b) a clear description of the transaction and of any securities related thereto;
c) a clear description of what is being requested from the FSMA (including the legal grounds);
d) other information that may be required under the applicable legislation and the relevant rules laid down by the FSMA.

This replaces Circular Circular CBFA/2008_28.

Click on the above link for more details.