Article 5
Specific characteristics of negotiated transactions
A negotiated transaction in shares, depositary receipts, ETF, certificates or other similar financial instruments shall be considered to be a transaction which is negotiated privately but reported under the rules of a trading venue and where any of the following circumstances applies:
(a)
two members or participants of that trading venue are involved in any of the following capacities:
(i)
one is dealing on own account when the other is acting on behalf of a client;
(ii)
both are dealing on own account;
(iii)
both are acting on behalf of a client;
(b)
one member or participant of that trading venue is either of the following:
(i)
acting on behalf of both the buyer and seller;
(ii)
dealing on own account against a client order.