[ESMA31-62-1258 ] Q&As on the Prospectus Regulation

The European Securities and Markets Authority, ESMA, has published an updated version of its questions and answers (Q&As) on the Prospectus Regulation (PR). Specifically, Part 15 of the document relating to „thresholds, calculations, exemptions, scope“ was updated to include new Q&A 15.10 which contains the following, as quoted:
Q15.10 Article 1(4)(d) of the prospectus regulation states: „The obligation to publish a prospectus set out in Article 3(1) shall not apply to any of the following types of offers of securities to the public: …(d) 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;“
May the purchase of securities by a joint account be considered as „one investor“? Let us assume that, in the context of an offer, a purchase for EUR 100,000 is executed for a joint account held by husband and wife. In such case, is the above mentioned condition of „at least EUR 100 000 per investor“ still complied with?
A15.10 Yes, as Article 1(4)(d) contains no condition regarding the mode of payment.