ESMA_QA_587
24/08/2022
Subject Matter
securities bought by a joint account
Original question
Art. 1. 4. (d) of the prospectus regulation states that "The obligation to publish a prospectus set out in Article 3(1) shall
not apply to any of the following types of offers of securities to the
public: ...(d) an offer of securities addressed to investors who acquire securities for a total consideration of at least EUR 100 000 per investor, for each separate offer;"
Question: may the purchase of securities by a joint account be considered as "one investor"? Let us assume that, in the context of an offer, a purchase for EUR 100,000 is executed for a joint account held by husband and wife. In such case, is the above mentioned condition of "at least EUR 100 000 per investor" still complied with?
not apply to any of the following types of offers of securities to the
public: ...(d) an offer of securities addressed to investors who acquire securities for a total consideration of at least EUR 100 000 per investor, for each separate offer;"
Question: may the purchase of securities by a joint account be considered as "one investor"? Let us assume that, in the context of an offer, a purchase for EUR 100,000 is executed for a joint account held by husband and wife. In such case, is the above mentioned condition of "at least EUR 100 000 per investor" still complied with?
ESMA Answer
03-02-2023
Original language
[ESMA31-62-1258 Prospectuses Q&A 15.10]
Yes, as Article 1(4)(d) contains no condition regarding the mode of payment.
Status: Answer Published
Additional Information
Level 1 Regulation
Prospectus Regulation 2017/1129
Level 3 Regulation
The Prospectus Regulation
Additional Legal Reference
Art. 1. 4. (d) of the prospectus regulation (EU) 2017/1129
Topic
Publication of prospectus