Article 3 Amendment
In article 1(3)—
after the definition of “the Bank” insert—
““Banking Consolidation Directive” means Directive 2006/48/EC of the European Parliament and of the Council relating to the taking up and pursuit of the business of credit institutionsf1;”;
in paragraphs (c) and (d) of the definition of “excluded rights”—
delete “solely”; and
after “instruments” insert “or an activity referred to in Annex I to the Banking Consolidation Directive”;
at the end of paragraph (d) of the definition of “excluded rights” delete “or”;
after paragraph (e) of the definition of “excluded rights” insert—
“or
- (f)
which relate to transferable securities (other than transferable securities referred to or described in a set-off arrangement, netting arrangement or title transfer financial collateral arrangement referred to in article 3(1));”;
in the definition of “financial instrument”—
the words from “any instrument” to the end become paragraph (a);
for the words from “Directive” to “instruments” substitute “the Markets in Financial Instruments Directive”;
at the end insert—
“(b)any option, future, swap, forward, contract for differences or other derivative contract not falling within paragraph (a); and
(c)any combination of any of the foregoing;”;
after the definition of “financial instrument” insert—
““Markets in Financial Instruments Directive” means Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instrumentsf2;”;
in the definition of “relevant authority” substitute “(a)” and “(b)” for “(f)” and “(g)” respectively;
in the definition of “relevant financial instrument”—
substitute “(a)”, “(b)”, “(c)” and “(d)” for “(h)”, “(i)”, “(j)” and “(k)” respectively;
after “loan;” delete “or”;
at the end insert—
“or
- (e)
any contract for the sale, purchase or delivery of—
- (i)
transferable securities;
- (ii)
the currency of the United Kingdom or any other country, territory or monetary union;
- (iii)
palladium, platinum, gold, silver or any other precious metal; or
- (iv)
any other commodity; ”;
in the definition of “retail deposit” substitute “(a)” and “(b)” for “(l)” and “(m)” respectively;
after the definition of “title transfer financial collateral arrangements” insert—
“;
“transferable securities” has the meaning given by Article 4(18) of the Markets in Financial Instruments Directive”.
Annotations
Footnotes
- f1
-
OJ L177 30.6.2006 p.1.
- f2
-
OJ L145 30.4.2004 p.1.