Criteria for qualifying holdings
In determining whether the criteria for a qualifying holding as referred to in Articles 22, 25 and 26 are fulfilled, the voting rights referred to in Articles 9 (opens EUR-Lex in a new tab), 10 (opens EUR-Lex in a new tab) and 11 (opens EUR-Lex in a new tab) of Directive 2004/109/EC (opens EUR-Lex in a new tab) and the conditions regarding aggregation thereof set out in Article 12(4) (opens EUR-Lex in a new tab) and (5) (opens EUR-Lex in a new tab) of that Directive, shall be taken into account.
In determining whether the criteria for a qualifying holding as referred to in Article 26 are fulfilled, Member States shall not take into account voting rights or shares which institutions may hold as a result of providing the underwriting of financial instruments or placing of financial instruments on a firm commitment basis included under point 6 of Section A of Annex I (opens EUR-Lex in a new tab) to Directive 2004/39/EC (opens EUR-Lex in a new tab), provided that those rights are not exercised or otherwise used to intervene in the management of the issuer and are disposed of within one year of acquisition.