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.