Dealing on own account: Difference between revisions

1.  The calculation of the [[De minimis threshold test|De-Minimis Threshold Test]] referred to in Article 3 shall be determined by reference to three annual calculation periods that precede the date of calculation, where the simple average of the resulting annual values shall be compared with the threshold referred to in Article 2(1)(a). The calculation of the size of the trading activities and capital employed referred to in Articles 4 and 5 shall be based on a simple average of the daily trading activities or estimated capital allocated to such trading activities, during three annual calculation periods that precede the date of calculation. The calculations shall be carried out annually in the first quarter of the calendar year that follows an annual calculation period, where the simple average of the resulting annual values shall be compared with the respective thresholds referred to in Article 2(1)(b) and (c).}}

===Dealing on own account generally===

The activity “dealing on own account” is vaguely defined in MiFID — always has been —  as “'trading against proprietary capital resulting in the conclusion of transactions in one or more [[financial instruments]]” — but given MiFID’s purpose, generally has been understood as being restricted to brokerage and market-making activity; being continual prepared to fulfil third-party customer demand or provide market liquidity, but doing this as a principal not an agent, and therefore being permitted to hold “prop” inventory.