law of 20 December 2002 - Alfi

annual accounts of certain types of companies, as amended. [This definitionappears under item 5 in the French original and under item 16 in the Germantranslation]7) “Directive 83/349/EEC” shall mean the Council Directive 83/349/EEC of13 June 1983 based on Article 54, paragraph (3), (g) of the Treaty on consolidatedaccounts, as amended. [This definition appears under item 6 in theFrench original and under item 17 in the German translation]8) “Directive 85/611/EEC” shall mean the Council Directive 85/611/EEC of20 December 1985 on the coordination of laws, regulations and administrativeprovisions relating to undertakings for collective investment in transferablesecurities (UCITS), as amended. [This definition appears under item 7 in theFrench original and under item 18 in the German translation]9) “Directive 93/6/EEC” shall mean the Council Directive 93/6/EEC of 15 March1993 on the capital adequacy of investment firms and credit institutions, asamended. [This definition appears under item 8 in the French original andunder item 19 in the German translation]10) “Directive 93/22/CEE shall mean Council Directive 93/22/EEC of 15 March 1993on capital adequacy of investment firms and credit institutions, as amended.[This definition appears under item 9 in the French original and under item 20in the German translation]11) “Directive 97/9/EC” shall mean the Directive 97/9/EC of the European Parliamentand of the Council of 3 March 1997 on investor-compensation schemes. [Thisdefinition appears under item 10 in the French original and under item 21 in theGerman translation]12) “initial capital” shall mean the elements referred to in items 1) and 2) of Article34, paragraph (2) of Directive 2000/12/EC of the European Parliament andof the Council of 20 March 2000 relating to the taking up and pursuit of thebusiness of credit institutions 4 . [This definition appears under item 3 in theFrench original and under item 1 in the German translation]13) a “management company’s home Member State” shall mean the MemberState in which the management company’s registered office is situated. [Thisdefinition appears under item 15 in the French original and under item 10 in theGerman translation]14) “money market instruments” shall mean instruments normally dealt in on themoney market which are liquid, and have a value which can be accuratelydetermined at any time. [This definition appears under item 18 in the Frenchoriginal and under item 8 in the German translation]15) a “management company’s host Member State” shall mean the Member State,other than the home Member State, within the territory of which a managementcompany has a branch or provides services. [This definition appears underitem 14 in the French original and under item 2 in the German translation]4 Article 34, paragraph (2) items 1) and 2):1) capital within the meaning of Article 22 of Directive 86/635/EEC, insofar as it has been paid up, plus sharepremium accounts but excluding cumulative preferential shares;2) reserves within the meaning of Article 23 of Directive 86/635/EEC and profits and losses brought forward asa result of the application of the final profit or loss. The Member States may permit inclusion of interim profitsbefore a formal decision has been taken only if these profits have been verified by persons responsible forthe auditing of the accounts and if it is proved to the satisfaction of the competent authorities that the amountthereof has been evaluated in accordance with the principles set out in Directive 86/635/EEC and is net of anyforeseeable charge or dividend.11