Art. 2 · Definitions

Previous version, in force 9 January 2024 02017R1129-20240109 → this version, in force 4 December 2024 02017R1129-20241204

Article 2 Definitions For the purposes of this Regulation, the following definitions apply: (a) securities means transferable securities as defined in point (44) of Article 4(1) of Directive 2014/65/EU with the exception of money market instruments as defined in point (17) of Article 4(1) of Directive 2014/65/EU, having a maturity of less than 12 months; (b) equity securities means shares and other transferable securities equivalent to shares in companies, as well as any other type of transferable securities giving the right to acquire any of the aforementioned securities as a consequence of their being converted or the rights conferred by them being exercised, provided that securities of the latter type are issued by the issuer of the underlying shares or by an entity belonging to the group of the said issuer; (c) non-equity securities means all securities that are not equity securities; (d) offer of securities to the public means a communication to persons in any form and by any means, presenting sufficient information on the terms of the offer and the securities to be offered, so as to enable an investor to decide to purchase or subscribe for those securities. This definition also applies to the placing of securities through financial intermediaries; (da) restructuring means restructuring as defined in Article 2(1), point (1), of Directive (EU) 2019/1023 of the European Parliament and of the Council Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency) (OJ L 172, 26.6.2019, p. 18).; (db) insolvency proceedings means insolvency proceedings as defined in Article 2, point (4), of Regulation (EU) 2015/848 of the European Parliament and of the Council Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).; (e) qualified investors means persons or entities that are listed in points (1) to (4) of Section I of Annex II to Directive 2014/65/EU, and persons or entities who are, on request, treated as professional clients in accordance with Section … 717 unchanged words … participants in such an undertaking over its assets; (r) approval means the positive act at the outcome of the scrutiny by the home Member State’s competent authority of the completeness, the consistency and the comprehensibility of the information given in the prospectus; prospectus, but does not concern the accuracy of that information; (s) base prospectus means a prospectus that complies with Article 8, and, at the choice of the issuer, the final terms of the offer; (t) working days means working days of the relevant competent authority excluding Saturdays, Sundays and public holidays, as defined in the national law applicable to that competent authority; (u) multilateral trading facility or MTF means a multilateral trading facility as defined in point (22) of Article 4(1) of Directive 2014/65/EU; (v) organised trading facility or OTF means an organised trading facility as defined in point (23) of Article 4(1) of Directive 2014/65/EU; (w) SME growth market means an SME growth market as defined in point (12) of Article 4(1) of Directive 2014/65/EU; (x) third country issuer means an issuer established in a third country; (y) offer period means the period during which potential investors may purchase or subscribe for the securities concerned; (z) durable medium electronic format means any instrument which: (i) enables a customer to store information addressed personally to that customer an electronic format as defined in a way accessible for future reference and for a period adequate for the purposes Article 4(1), point (62a), of the information; and (ii) allows the unchanged reproduction of the information stored. Directive 2014/65/EU.