Companies Act 2014
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Restriction of liability where non-equity securities solely involved | ||
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1351. Where a prospectus is issued solely in respect of non-equity securities— | ||
(a) only— | ||
(i) the offeror or the person who has sought the admission of the securities to which the prospectus relates to trading on a regulated market; and | ||
(ii) subject to, and to the extent provided in, paragraph (c), the guarantor (if any); | ||
and no other person referred to in section 1349 shall be liable under that section in the circumstances in which that section applies unless— | ||
(I) the prospectus expressly provides otherwise; or | ||
(II) that other such person is convicted on indictment of an offence created by Irish prospectus law or an offence under section 1357 in respect of the issue of that prospectus; | ||
(b) neither section 223 (1) nor 226(1) shall apply to the directors or secretary of the issuer to the extent that such application would thereby impose a liability under section 1349 on such directors or secretary; and | ||
(c) no liability shall attach under section 1349 to a guarantor of such securities save in respect of statements included in, or information omitted from, the prospectus that relate to the guarantor or the guarantee given by the guarantor. |