ADVOKS GLOBAL · KENYA
The Capital Markets (Public Offers, Listings and Disclosures) Regulations, 2023
25. Supplementary information memorandum
Edition: 2023-12-15 · In force
25. Supplementary information memorandum
(1)Where an information memorandum has been approved under these Regulations in respect of a public offer and, at any time between the approval date and closing date of the offer—(a)there is a significant change that affects any matter contained in the information memorandum the inclusion of which was required by these Regulations;(b)a significant new matter arises the inclusion of information in respect of which would have been so required if it had arisen when the information memorandum was first prepared; or(c)a significant inaccuracy in the information memorandum, is discovered,the offeror shall, on its own motion, with prior consent of the Authority or a securities exchange (where the Authority has delegated the approval function to a securities exchange, or if required by the Authority or a securities exchange (where applicable), publish a supplementary information memorandum containing particulars of the change or new matter or, in the case of an inaccuracy, correcting the inaccuracy, and deliver (if applicable) the supplementary information memorandum to the Registrar for registration.(2)Where a supplementary information memorandum in respect of a public offer has been approved, these Regulations shall have effect as if any reference to an information memorandum is a reference to the information memorandum originally published and that supplementary information memorandum, taken together.(3)The provisions of regulation 28 shall apply to a supplementary information memorandum.