12 Amendments of Corien WORTMANN-KOOL related to 2009/0132(COD)
Amendment 84 #
Proposal for a directive – amending act
Recital 13
Recital 13
(13) As tThe prospectus can be updated by way of supplements according to Directive 2003/71/EC,. However, by extending the validity period there is noa risk that it may become outdated. Therefore, githe prospectus becomes incomplete, as not all information can be adjusted through a supplement. Therefore, in order to preserven the time and costs of drafting and approving areadability of the prospectus, the validity period of 12 months of the prospectus, base prospectus and registration document should be extended to 24 months provided they are properly supplemented12 months.
Amendment 106 #
Proposal for a directive – amending act
Article 1 – point 3 – point -a a (new)
Article 1 – point 3 – point -a a (new)
Directive 2003/71/EC
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(-aa) In paragraph 2, point (c) is replaced by the following: "(c) 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; and/or"
Amendment 109 #
Proposal for a directive – amending act
Article 1 – point 3 – point -a b (new)
Article 1 – point 3 – point -a b (new)
Directive 2003/71/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(-ab) In paragraph 2, point (d) is replaced by the following: "(d) an offer of securities whose denomination per unit amounts to at least EUR 100 000; and/or"
Amendment 117 #
Proposal for a directive – amending act
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Directive 2003/71/EC
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(ba) The following paragraph is inserted after paragraph 3: "3a. In order to take account of technical developments on financial markets, including inflation, the Commission shall adopt, by means of delegated acts in accordance with Articles 24a, 24b and 24c, measures concerning the thresholds in Article 3(2)(c) to (e)."
Amendment 118 #
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2003/71/EC
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
3a. In Article 4(1), point (a) is replaced by the following: "(a) shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares, issued in substitution for shares of the same class already issued, if the issuing of such new shares does not involve any increase in the issued capital;"
Amendment 120 #
Proposal for a directive – amending act
Article 1 – point 3 c (new)
Article 1 – point 3 c (new)
Directive 2003/71/EC
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
3c. In Article 4(1), point (d) is replaced by the following: "(d) shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares, offered, allotted or to be allotted free of charge to existing shareholders, and dividends paid out in the form of shares of the same class as the shares in respect of which such dividends are paid, provided that a document is made available containing information on the number and nature of the shares and the reasons for and details of the offer;"
Amendment 123 #
Proposal for a directive – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Directive 2003/71/EC
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
4a. In Article 4(2), point (a) is replaced by the following: "(a) shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares, representing, over a period of 12 months, less than 10 per cent of the number of shares of the same class already admitted to trading on the same regulated market;"
Amendment 124 #
Proposal for a directive – amending act
Article 1 – point 4 b (new)
Article 1 – point 4 b (new)
Directive 2003/71/EC
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
4b. In Article 4(2), point (b) is replaced by the following: "(b) shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares, issued in substitution for shares of the same class already admitted to trading on the same regulated market, if the issuing of such shares does not involve any increase in the issued capital;"
Amendment 125 #
Proposal for a directive – amending act
Article 1 – point 4 c (new)
Article 1 – point 4 c (new)
Directive 2003/71/EC
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 126 #
Proposal for a directive – amending act
Article 1 – point 4 d (new)
Article 1 – point 4 d (new)
Directive 2003/71/EC
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
4d. In Article 4(2), point (g) is replaced by the following: "(g)shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares resulting from the conversion or exchange of other securities or from the exercise of the rights conferred by other securities, provided that the said shares are of the same class as the shares already admitted to trading on the same regulated market;"
Amendment 144 #
Proposal for a directive – amending act
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2003/71/EC
Article 9 – paragraphs 1 and 2
Article 9 – paragraphs 1 and 2
1. A prospectus shall be valid for 124 months after its publication for offers to the public or admissions to trading on a regulated market, provided that the prospectus is completed by any supplements required pursuant to Article 16. 2. In the case of an offering programme, the base prospectus, previously filed, shall be valid for a period of up to 124 months.
Amendment 148 #
Proposal for a directive – amending act
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Directive 2003/71/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. A registration document, as referred to in Article 5(3), previously filed and approved, shall be valid for a period of up to 124 months provided that it has been supplemented in accordance with Article 16. The registration document, supplemented if necessary in accordance with Article 16, accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus.