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Ancillary to the main business at a group level - MiFID 2 Provision: Difference between revisions
Ancillary to the main business at a group level - MiFID 2 Provision (view source)
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This regulatory technical standard describes in better detail what is meant by “objectively measurable as reducing risks” directly relating to a person’s commercial activity or treasury financing activity. | This regulatory technical standard describes in better detail what is meant by “objectively measurable as reducing risks” directly relating to a person’s commercial activity or treasury financing activity. | ||
So. | |||
For a start, “[[dealing on own account]]” when it comes to [[emissions allowances]] and [[commodity derivatives]] is a regulated [[investment service]], with, in Article {{mifid2prov|2(1)(j)}}, some exceptions, buried amongst which is that the activity is “ancillary to their main business, when considered on a group basis”. Something will be considered ancillary (assuming all no other other criteria are triggered: see [[dealing on own account]] about this as it will do your head in), if it passes the [[de minimis threshold test]], which looks at the “net outstanding notional exposure” in [[commodity derivatives]] for cash settlement or emission allowances or derivatives thereof for cash settlement. | |||
What counts as net outstanding notional exposure is no cake walk, since the regulations teeter uneasily between scoping out physical commodities, and scoping in cash-settled ones, exchange-traded ones, and so on. It is a thorough mess. Cue this [[regulatory technical standard]]. | |||
{{sa}} | {{sa}} | ||
*[[De minimis threshold test]] | *[[De minimis threshold test]] | ||
*[[Dealing on own account]] | *[[Dealing on own account]] | ||
*[[Hedging exemption]] | *[[Hedging exemption]] | ||