ESMA_QA_587
24/08/2022
Subject Matter
securities bought by a joint account
    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?
    ESMA Answer
    03-02-2023

      [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