Principal Issues: Whether the Open Market segment of the Frankfurt Stock Exchange is considered to be a designated stock exchange for purposes of the Act?
Position: No. The unofficial exchange-regulated markets operated by several European stock exchanges, such as the Open Market of the Frankfurt Stock Exchange, do not qualify as a designated stock exchange. Only EU-regulated markets qualify as a designated stock exchange, provided that the exchange is included in the list of designated stock exchanges published on the Department of Finance website.
Reasons: Exchange-regulated markets are not recognized as an official market segment under European Union (EU) and Member State law. These unofficial markets are only regulated by the exchange, which places no or minimal transparency requirements on issuers. In contrast, EU-regulated markets are governed by EU Directives and Member State law, which provide stringent transparency requirements and investor protection regulations.