I. – The number of employees, turnover and balance sheet total of the company issuing the securities registered in the plan, referred to in a) of 2 of Article L. 221-32-2, are assessed under the conditions defined in Articles 1, 3, 5 and 6 of Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.
II. – Where the main purpose of the company issuing the securities is to hold equity interests in other companies, compliance with the conditions mentioned in I is assessed at the level of that company and each of the companies in which it holds equity interests.
III. – The data used to determine the eligibility of the issuing company’s securities for the plan are those relating to the penultimate closed accounting period preceding the date of acquisition of the securities. They are calculated on an annual basis.
If the company has not yet closed its second financial year, the data used are those relating to the only financial year closed prior to the date of acquisition of the securities or, failing this, to the first financial year closed following this same date. They are calculated on an annual basis.
IV. – The holder of the plan who requests the registration of securities in the plan must provide proof of their eligibility to the managing body.