Status: You are viewing the version of the handbook as on 2009-03-31.

Home State

      1. (1) (in relation to a credit institution) the EEA State in which the credit institution has been authorised in accordance with the Banking Consolidation Directive.
      1. (2) (in relation to an investment firm):
        1. (a) if the investment firm is a natural person, the EEA State in which his head office is situated;
        1. (b) if the investment firm is a legal person, the EEA State in which its registered office is situated11; or11
        1. (c) if the investment firm has, under its national law, no registered office, the EEA State in which its head office is situated.11[Note: article 4(1)(20) of MiFID] 11
      1. (3) (in relation to a UCITS management company) the EEA State in which the management company's registered office is situated;
      1. (4) (in relation to an insurance undertaking with an EEA right) the EEA State in which the registered office of the insurance undertaking is situated.
      1. (5) (in relation to an IMD insurance intermediary or an IMD reinsurance intermediary):5
        1. (a) where the insurance intermediary is a natural person, the Member State in which his residence is situated and in which he carries on business;5
        1. (b) where the insurance intermediary is a legal person, the Member State in which its registered office is situated or, if under its national law it has no registered office, the Member State in which its head office is situated.5
      1. (6) (except in REC) 11(in relation to a market) the EEA State in which the registered office of the body which provides training facilities is situated or, if under its national law it has no registered office, the EEA State in which that body's head office is situated.5
      1. (7) (in relation to a Treaty firm) the EEA State in which its head office is situated, in accordance with paragraph 1 of Schedule 4 to the Act (Treaty Rights).135(in LR and PR) (as defined in section 102C of the Act) in relation to an issuer of transferable securities, the EEA State which is the "home Member State" for the purposes of the prospectus directive (which is to be determined in accordance with Article 2.1(m) of that directive).7
      1. (8) (in LR and PR) (as defined in section 102C of the Act) in relation to an issuer of transferable securities, the EEA State which is the "home Member State" for the purposes of the prospectus directive (which is to be determined in accordance with Article 2.1(m) of that directive).710
      1. (9) (in DTR)10
        1. (a) in the case of an issuer of debt securities the denomination per unit of which is less than EUR 1 000 or an issuer of shares13:13 10
          1. (i) where the issuer is incorporated in the Community, the Member State in which it has its registered office;10
          1. (ii) where the issuer is incorporated in a third country, the Member State in which it is required to file the annual information with the competent authority in accordance with Article 10 of Directive 2003/71/EC.10
        The definition of13 Home State 13 shall be applicable to debt securities in a currency other than Euro, provided that the value of such denomination per unit is, at the date of the issue, less than EUR 1 000, unless it is nearly equivalent to EUR 1 000;10
        1. (b) for an issuer not covered by 13(a)13, the Member State chosen by the issuer from among the Member State in which the issuer has its registered office and those Member State which have admitted its securities to trading on a regulated market on their territory. The issuer may choose only one Member State as its home Member State. Its choice shall remain valid for at least three years unless its securities are no longer admitted to trading on any regulated market in the Community;
      1. (10) (in relation to a UCITS):11
        1. (a) with regard to a UCITS constituted as a unit trust/common fund, the EEA State in which the management company's registered office is situated;11
        1. (b) with regard to a UCITS constituted as an investment company, the EEA State in which the investment company's registered office is situated.11
      1. (11) (in REC) in relation to an EEA market operator, the EEA State in which it has its registered office, or if it has no registered office, its head office.11