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Directive 2001/34/EC of the European Parliament and of the… TITLE I — DEFINITIONS AND SCOPE OF APPLICATION

Article 1–Article 4 · 4 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

CHAPTER I

Article 1

For the purposes of this Directive: (a) "issuers" shall mean companies and other legal persons and any undertaking whose securities are the subject of an application for admission to official listing on a stock exchange; (b) "collective investment undertakings other than the closed-end type" shall mean unit trusts and investment companies: (i) the object of which is the collective investment of capital provided by the public, and which operate on the principle of risk spreading, and (ii) the units of which are, at the holders' request, repurchased or redeemed, directly or indirectly, out of the assets of these undertakings. Action taken by such undertakings to ensure that the stock exchange value of its units does not significantly vary from their net asset value shall be regarded as equivalent to such repurchase or redemption; (c) For the purposes of this Directive "investment companies other than those of the closed-end type" shall mean investment companies: (i) the object of which is the collective investment of capital provided by the public, and which operate on the principle of risk spreading, and (ii) the shares of which are, at the holders' request, repurchased or redeemed, directly or indirectly, out of those companies' assets. Action taken by such companies to ensure that the stock exchange value of their shares does not significantly vary from their net asset value shall be regarded as equivalent to such repurchase or redemption; (d) "credit institution" shall mean an undertaking whose business is to receive deposits or other repayable funds from the public and to grant credits for its own account; (e) "units of a collective investment undertaking" shall mean securities issued by a collective investment undertaking as representing the rights of participants in the assets of such an undertaking; (f) "participating interest" shall mean rights in the capital of other undertakings, whether or not represented by certificates, which, by creating a durable link with those undertakings, are intended to contribute to the activities of the undertaking which holds these rights; (g) "net turnover" shall comprise the amounts derived from the sale of products and the provision of services falling within the undertaking's ordinary activities, after deduction of sales rebates and of value added tax and other taxes directly linked to the turnover; (h) "annual accounts" shall comprise the balance sheet, the profit and loss account and the notes on the accounts. These documents shall constitute a composite whole. CHAPTER II Scope of application

CHAPTER II

Article 2

1. Articles 5 to 19, 42 to 69, and 78 to 84 shall apply to securities which are admitted to official listing or are the subject of an application for admission to official listing on a stock exchange situated or operating within a Member State. 2. Member States may decide not to apply the provisions mentioned in paragraph 1 to: (a) units issued by collective investment undertakings other than the closed-end type, (b) securities issued by a Member State or its regional or local authorities.

Article 3

1. Articles 20 to 41, as well as Annex I, shall apply to securities which are the subject of an application for admission to official listing on a stock exchange situated or operating within a Member State. 2. The provisions mentioned in paragraph 1 shall not apply to: (a) units issued by collective investment undertakings other than the closed-end type, (b) securities issued by a Member State or by its regional or local authorities.

Article 4

1. Articles 70 to 77 shall apply to companies the shares of which are admitted to official listing on a stock exchange situated or operating in a Member State, whether the admission is of the shares themselves or of certificates representing them, and whenever the date of this admission occurred. 2. The provisions mentioned in paragraph 1 shall not, however, apply to investment undertakings other than those of the closed-end type. 3. The Member States may exclude central banks from the scope of the provisions mentioned in paragraph 1. TITLE II GENERAL PROVISIONS CONCERNING THE OFFICIAL LISTING OF SECURITIES CHAPTER I General conditions for admission

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