Article 2
1. For the purposes of this Directive the following definitions apply:
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                                  (a)  | 
                              
                                  ‘depositary’ means an institution entrusted with the duties set out in Articles 22 and 32 and subject to the other provisions laid down in Chapter IV and Section 3 of Chapter V;  | 
                           
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                                  (b)  | 
                              
                                  ‘management company’ means a company, the regular business of which is the management of UCITS in the form of common funds or of investment companies (collective portfolio management of UCITS);  | 
                           
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                                  (c)  | 
                              
                                  ‘management company’s home Member State’ means the Member State in which the management company has its registered office;  | 
                           
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                                  (d)  | 
                              
                                  ‘management company’s host Member State’ means a Member State, other than the home Member State, within the territory of which a management company has a branch or provides services;  | 
                           
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                                  (e)  | 
                              
                                  ‘UCITS home Member State’ means the Member State in which the UCITS is authorised pursuant to Article 5;  | 
                           
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                                  (f)  | 
                              
                                  ‘UCITS host Member State’ means a Member State, other than the UCITS home Member State, in which the units of the UCITS are marketed;  | 
                           
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                                  (g)  | 
                              
                                  ‘branch’ means a place of business which is a part of the management company, which has no legal personality and which provides the services for which the management company has been authorised;  | 
                           
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                                  (h)  | 
                              
                                  ‘competent authorities’ means the authorities which each Member State designates under Article 97;  | 
                           
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                                  (i)  | 
                              
                                  ‘close links’ means a situation in which two or more natural or legal persons are linked by either: 
 
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                                  (j)  | 
                              
                                  ‘qualifying holding’ means a direct or indirect holding in a management company which represents 10 % or more of the capital or of the voting rights or which makes it possible to exercise a significant influence over the management of the management company in which that holding subsists;  | 
                           
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                                  (k)  | 
                              
                                  ‘initial capital’ means the funds as referred to in Article 57(a) and (b) of Directive 2006/48/EC;  | 
                           
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                                  (l)  | 
                              
                                  ‘own funds’ means own funds as referred to in Title V, Chapter 2, Section 1 of Directive 2006/48/EC;  | 
                           
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                                  (m)  | 
                              
                                  ‘durable medium’ means an instrument which enables an investor to store information addressed personally to that investor in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;  | 
                           
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                                  (n)  | 
                              
                                  ‘transferable securities’ means: 
 
 
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                                  (o)  | 
                              
                                  ‘money market instruments’ means instruments normally dealt in on the money market which are liquid and have a value which can be accurately determined at any time;  | 
                           
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                                  (p)  | 
                              
                                  ‘mergers’ means an operation whereby: 
 
 
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                                  (q)  | 
                              
                                  ‘cross-border merger’ means a merger of UCITS: 
 
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                                  (r)  | 
                              
                                  ‘domestic merger’ means a merger between UCITS established in the same Member State where at least one of the involved UCITS has been notified pursuant to Article 93.  | 
                           
2. For the purposes of paragraph 1(b), the regular business of a management company shall include the functions referred to in Annex II.
3. For the purposes of paragraph 1(g), all the places of business established in the same Member State by a management company with its head office in another Member State shall be regarded as a single branch.
4. For the purposes of point (i)(ii) of paragraph 1, the following shall apply:
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                                  (a)  | 
                              
                                  a subsidiary undertaking of a subsidiary undertaking shall also be considered to be a subsidiary of the parent undertaking which is at the head of those undertakings;  | 
                           
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                                  (b)  | 
                              
                                  situations in which two or more natural or legal persons are permanently linked to the same person by a control relationship shall also be regarded as constituting a close links between such persons.  | 
                           
5. For the purposes of paragraph 1(j), the voting rights referred to in Articles 9 and 10 of Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (11) shall be taken into account.
6. For the purposes of paragraph 1(l), Articles 13 to 16 of Directive 2006/49/EC shall apply mutatis mutandis.
7. For the purposes of paragraph 1(n), transferable securities shall exclude the techniques and instruments referred to in Article 51.