Who Is Responsible For A Company's Prospectus When The Company’s Shares Have Been Admitted For Trading On A Regulated Market?

Andreas Blomquist, Legal Counsel, NASDAQ OMX

Who is responsible for a company’s prospectus when the company’s shares have been admitted for trading on a regulated market? At times a discussion arises as to whether others than the company itself or its board of directors could be held liable to pay damages for financial losses caused by errors or omissions in the prospectus. By outlining the basis for the responsibility of a company’s prospectus based on securities, company and tort law this paper is aiming to describe and discuss the situation in Sweden with special focus on the Exchange’s perspective.  An overview of the relevant rules in the other Nordic countries is also presented.

A company must issue a prospectus in a number of situations. This paper focuses on the obligation of a limited liability company to prepare a prospectus when applying for admission to trading of its shares on a regulated market.

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Corporate Governance General October 2010 Vol. 4, No. 13, Autumn 2010

Andreas Blomquist


Andreas Blomquist, joined NASDAQ OMX Stockholm AB as Legal Counsel in 2009. Until joining NASDAQ OMX Mr. Blomquist was an associate lawyer and advokat with Mannheimer Swartling, Stockholm and Brussels and prior to that worked with Hogan & Hartson, Brussels.

Corporate Governance General October 2010 Vol. 4, No. 13, Autumn 2010