8.3.3. Prospectus Rules and Electronic Road Shows
Other written materials besides the preliminary prospectus may be distributed as part of a road show presentation. Such materials are exempt from being filed as free writing prospectuses if all of the following conditions are met. Otherwise, they must be filed as FWPs.
• The materials must be shown or handed out at the presentation itself. (So for example, the materials could not be emailed to the attendees in advance.)
• The materials must be collected from the attendees at the end of the presentation.
• In the case of an IPO, a bona fide electronic road show must be held alongside the traditional road show.
A bona fide electronic road show is a presentation by the issuer’s management that meets all of the following criteria:
• It covers the same topics a