Interpretation of the concepts ‘restructuring and insolvency proceedings’ for the purposes of the Prospectus Regulation | FSMA

http://www.fsma.be/en/news/interpretation-concepts-restructuring-and-insolvency-proceedings-purposes-prospectus
Success
Service Fixed Income 88% Investment Services 88%
Specialism Regulatory Reporting 85% Supervision 82%
2026-03-03 11:50:36 · 2@vixio.support
ID
2926599
GUID
06570469cbc24448a768720cf73234c3

Classification

Service
Fixed Income (88%)

The update clarifies prospectus exemptions for securities offerings during restructuring and insolvency, directly addressing the regulatory framework for security issuance and admission to trading under the Prospectus Regulation.

Investment Services (88%)

Mandatory inheritance: Fixed Income as primary triggers Investment Services as the mandatory secondary parent tag, as the prospectus exemptions apply to securities offerings broadly, including debt instruments.

Specialism
Regulatory Reporting (85%)

The update clarifies prospectus exemptions and regulatory interpretation under the Prospectus Regulation, which is a core regulatory reporting and disclosure obligation for securities issuers.

Supervision (82%)

Mandatory inheritance: Regulatory Reporting is a child of Supervision, so Supervision must be raised as the secondary tag.

The FSMA has published an opinion clarifying which procedures and measures under Belgian law should, in its view, be regarded as ‘restructuring or insolvency proceedings’ for the purposes of the Prospectus Regulation, pending the publication of ESMA’s response to the question concerning the interpretation of these concepts.

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TITLE: Belgium's Financial Services and Markets Authority Clarifies Restructuring and Insolvency Proceedings Under Prospectus Regulation BODY: The Financial Services and Markets Authority (FSMA) has published an opinion clarifying which procedures and measures under Belgian law should be regarded as 'restructuring or insolvency proceedings' for the purposes of the Prospectus Regulation (Regulation (EU) 2017/1129). The clarification addresses concepts introduced into the Prospectus Regulation by the Listing Act. The interpretation of these concepts is particularly relevant for the application of certain exemptions from the obligation to publish a prospectus. These exemptions allow issuers undergoing restructuring or insolvency proceedings to offer or admit securities to trading without triggering prospectus publication requirements, subject to specific conditions. The FSMA's opinion provides guidance on which Belgian legal procedures and measures fall within the scope of 'restructuring proceedings' and 'insolvency proceedings' as defined by the Prospectus Regulation. This clarification is intended to provide certainty to market participants regarding when prospectus exemptions apply in the context of restructuring and insolvency situations. The opinion was published pending the publication of the European Securities and Markets Authority's (ESMA) response to questions concerning the interpretation of these same concepts at the EU level. The FSMA's guidance therefore operates as interim clarification for Belgian market participants while awaiting broader European guidance. The opinion is available in French and Dutch only. **Reference:** Financial Services and Markets Authority (FSMA) opinion on interpretation of 'restructuring and insolvency proceedings' under the Prospectus Regulation.
  • Scraped:2026-03-03 11:50:36
  • Created:2026-03-03 11:50:36
  • By:2@vixio.support (2)