We have recently completed a prospectus which has been approved by the FCA and passported by BaFin.
We have identified a discrepancy(minor typo in the prospectus. Specifically there is an error of 4 shares in the audited accounts for the 2012 accounting year, out of a total of approximately 230,884,050 shares. The share numbers in the prospectus for later accounting periods are correct, the error only affects that accounting period.
Our enquiries suggest that the difference is not material to an investor, and so should be dealt with by way of company announcement rather than through a supplementary prospectus. We have spoken to the FCA/UKLA (the BaFin equivalent in the UK) and they confirmed that if the change is non-material, then a company announcement is the appropriate remedy. They also advised that materiality is a matter for the relevant company and its advisors to determine.
On that basis we have determined that the issue is not material and we have prepared a company announcement to clarify the issue for any potential investors.
We would like written confirmation that the issue is not material from a suitably qualified EU or UK lawyer, prior to allowing the company to list. An advice from you to us would be sufficient for this purpose, on your company letter head to which we could forward where necessary.
This is an urgent job which needs to be completed within the next 2 hours. We can provide the prospectus and other documentation once you have been approved for the job.