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Version date: 1 October 2021 - onwards
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ID 1102 (Last update: 01/10/2021)

Q. Does the use of the shorter disclaimer as per paragraph 8 of the ESMA Marketing Guidelines fulfil the requirements of Regulation 54(3) of the Central Bank UCITS Regulations?

A. Yes. Regulation 54(3) of the Central Bank UCITS Regulations provides that an advertisement relating to a UCITS shall refer to the key investor information document and the prospectus issued by the relevant UCITS. Similarly paragraph 7 of the ESMA Guidelines provides that marketing communications should include a disclaimer such as the following:

"This is a marketing communication. Please refer to the [prospectus of the [UCITS/ AIF/EuSEF/EuVECA]/Information document of the [AIF/EuSEF/EuVECA] and to the [KIID/KID](delete as applicable) ] before making any final investment decisions."

However, paragraph 8 of the ESMA Guidelines provides that when the disclaimer as per paragraph 7 does not fit to the format and length of an on-line marketing communication, it may be replaced by a shorter identification of the m

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