ESMA_QA_835
03/02/2023
Subject Matter
Purchase via joint account
Original question
Article 1(4)(d) of the prospectus regulation states:
"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;"
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?
"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;"
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
[ESMA 31-62-1258 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
Topic
Public offer