ESMA_QA_587
24/08/2022
Subject Matter
securities bought by a joint account (See ESMA_QA_835)
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? (See ESMA_QA_835)
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? (See ESMA_QA_835)
ESMA Answer
09-09-2026
Original language
See ESMA_QA_835
[ESMA31-62-1258 Prospectuses Q&A 15.10]
Yes, as Article 1(4)(d) contains no condition regarding the mode of payment.
Status: Published Answer Updated
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