(1) Subject to section 198, the UCITS capital management company may acquire for the account of a domestic UCITS only securities
1. that are admitted to trading on an exchange in a Member State of the European Union or in another State party to the Agreement on the European Economic Area, or admitted to or included in trading on another organised market in one of these States,
2. that are admitted to trading exclusively on an exchange outside the Member States of the European Union or outside the other States party to the Agreement on the European Economic Area, or admitted to or included in trading on another organised market in one of these States, insofar as the choice of this exchange or this organised market has been approved by the Federal Institute,
3. whose admission to trading on an exchange in a Member State of the European Union or in another State party to the Agreement on the European Economic Area, or whose admission to, or inclusion in, an organised market in a Member State of the European Union or in another State party to the Agreement on the European Economic Area, must be applied for under the issue terms, insofar as the admission or inclusion of these securities takes place within one year of their issue,
4. whose admission to trading on an exchange, or whose admission to, or inclusion in, an organised market, outside the Member States of the European Union or outside the other States party to the Agreement on the European Economic Area, must be applied for under the issue terms, insofar as the choice of this exchange or this organised market has been approved by the Federal Institute and the admission or inclusion of these securities takes place within one year of their issue,
5. in the form of shares accruing to the domestic UCITS on a capital increase from company funds,
6. that are acquired in the exercise of subscription rights belonging to the domestic UCITS,
7. in the form of units in closed-ended funds that satisfy the criteria named in Article 2(2), letters a and b, of Commission Directive 2007/16/EC of 19 March 2007 implementing Council Directive 85/611/EEC on the coordination of laws, regulations, and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions (OJ L 79, 20.3.2007, p. 11),
8. in the form of financial instruments that satisfy the criteria named in Article 2(2), letter c, of Directive 2007/16/EC. The acquisition of securities under the first sentence, points 1 to 4, may take place only where the requirements of Article 2(1), first subparagraph, letters a to c, point i, letter d, point i, and letters e to g, of Directive 2007/16/EC are additionally satisfied.
(2) Securities within the meaning of subsection (1) also include subscription rights, insofar as the securities from which the subscription rights derive may be held in the domestic UCITS.
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Section 193
Securities
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