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SPVs in Ireland: Difference between revisions
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Like, ''what''? we have gone from commodities being ''out of scope'' from MiFID altogether, to being ''in scope'' for MiFID 2, even when normal MiFID instruments aren’t. That ''cannot'' have been what the regulators intended. Can it? | Like, ''what''? we have gone from commodities being ''out of scope'' from MiFID altogether, to being ''in scope'' for MiFID 2, even when normal MiFID instruments aren’t. That ''cannot'' have been what the regulators intended. Can it? | ||
To see we have to continue down the laundry list of exemptions. The next one that might help is Article {{mifid2prov|1(j)}}: | |||
{{quote|(j) persons: | |||
:(i) dealing on own account, including market makers, in commodity derivatives or emission allowances or derivatives thereof, excluding persons who deal on own account when executing client orders; or | |||
:(ii) providing investment services, other than dealing on own account, in commodity derivatives or emission allowances or derivatives thereof to the customers or suppliers of their main business; <br> | |||
provided that: | |||
:—for each of those cases individually and on an aggregate basis this is an ancillary activity to their main business, when considered on a group basis, and that main business is not the provision of investment services within the meaning of this Directive or banking activities under Directive 2013/36/EU, or acting as a market-maker in relation to commodity derivatives, | |||
:—those persons do not apply a high-frequency algorithmic trading technique; and | |||
:— those persons notify annually the relevant competent authority that they make use of this exemption and upon request report to the competent authority the basis on which they consider that their activity under points (i) and (ii) is ancillary to their main business;}} | |||
{{sa}} | {{sa}} | ||
*[[ICAV]] | *[[ICAV]] | ||