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CHAPTER I DEFINITIONS

Article -3 Definitions

1. In this Regulation, ‘IP completion day’ has the meaning given in the European Union (Withdrawal) Act 2020.

Article -2 Application

This Regulation applies to:

  1. (1)

    those persons described in Article 1(2) of Regulation 600/2014/EU; and

  2. (2)

    the Financial Conduct Authority as a competent authority.

Article -1 Interpretation

  1. (1)

    Where a term is defined in Directive 2014/65/EU (as that directive applied in the European Union immediately before IP completion day) that definition shall apply for the purposes of this Regulation except where it is defined in article 2 of Regulation 600/2014/EU in which case that definition shall apply for the purposes of this Regulation.

  2. (2)

    The definition of all other terms defined in article 2 of Regulation 600/2014/EU shall apply for the purposes of this Regulation save where the context otherwise requires.

  3. (3)

    Article 2(1)(62) of Regulation 600/2014/EU applies for the purposes of this Regulation unless otherwise stated.

  4. (4)

    The ‘relevant area’ in relation to a financial instrument means the United Kingdom and such other countries or regions as have been specified by the FCA by direction for the purposes of Article 5 or Article 14 of Regulation (EU) No 600/2014, as the context requires.

  5. (5)

    References to the date of application of Regulation (EU) No 600/2014 mean the date of application of that Regulation in the European Union.

Article 1 Definitions

For the purposes of this Regulation, the following definitions shall apply:

  1. (1)

    "package transaction" means either of the following:

    1. (a)

      a transaction in a derivative contract or other financial instrument contingent on the simultaneous execution of a transaction in an equivalent quantity of an underlying physical asset (Exchange for Physical or EFP);

    2. (b)

      a transaction which involves the execution of two or more component transactions in financial instruments; and:

      1. (i)

        which is executed between two or more counterparties;

      2. (ii)

        where each component of the transaction bears meaningful economic or financial risk related to all the other components;

      3. (iii)

        where the execution of each component is simultaneous and contingent upon the execution of all the other components;

  2. (2)

    "request-for-quote system" means a trading system where the following conditions are met:

    1. (a)

      a quote or quotes by a member or participant are provided in response to a request for a quote submitted by one or more other members or participants;

    2. (b)

      the quote is executable exclusively by the requesting member or participant;

    3. (c)

      the requesting member or market participant may conclude a transaction by accepting the quote or quotes provided to it on request;

  3. (3)

    "voice trading system" means a trading system where transactions between members are arranged through voice negotiation;

  4. (4)

    "the AIFM Regulations" means the Alternative Investment Fund Managers Regulations 2013 (SI 2013/1773).