ESA Joint Committee · priips-12 Final

Please clarify the term "PRIIPs open to subscription"?

Regulation
PRIIPs
Answered
2024-03-15
Answer provided by
ESAs (EBA, ESMA, EIOPA)
⚠

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Question

Please clarify the term "PRIIPs open to subscription"?

Answer

The term ‘other PRIIPs open to subscription’ in Article 8(3), second subparagraph of the PRIIPs Delegated Regulation is relevant only for Category 2 PRIIPs (Annex II, Part 1, point 5 of the PRIIPs Delegated Regulation). It covers cases where new contracts for such PRIIPs can be concluded or shares in such PRIIPs can be subscribed to by retail investors. This includes the following cases regarding such Category 2 PRIIPs: - If existing as well as new customers would conclude new contracts or subscribe to new shares - in both these cases, the PRIIP would be open to subscription. - PRIIPs that can be purchased by retail investors on secondary markets. - Other PRIPs, besides UCITS and open-ended AIFs, which are in a subscription or marketing phase, for example closed-ended AIFs in their marketing phase. - All such products in which new or existing retail investors are able to invest additional amounts or premiums, but would not include products in which it is only possible for existing retail investors to continue to make previously agreed regular payments (e.g. for a fund regular savings plan) or premiums (e.g. for a regular premium insurance-based investment product), as no new subscriptions would be made in this case.

This Q&A is published by ESA Joint Committee (EBA, ESMA, EIOPA) and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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