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EFTA01373562

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Annex EMIR Classification The information contained in this Annex is provided for your reference only and shall not be taken as legal advice. Please seek professional advice if you need assistance with classifying yourself under EMIR. EMIR classifies two main categories of counterparty to an OTC derivatives contract: i. Financial Counterparties ("FC" or "FCs") — includes banks, insurers, investment firms, fund managers, spread betting firms and pension schemes;18 and ii. Non-Financial Counterparties ("NFC" or "NFCs") — any counterparty that is not classified as a financial counterparty including entities not involved in financial services.19 Further, NFCs are divided into two sub-categories: A "NFC+' is an NFC that has outstanding derivative transactions with a notional value which exceed any of the following thresholds: (a) EUR 1 billion in gross notional value for OTC credit derivative contracts (b) EUR 1 billion in gross notional value for OTC equity derivative contracts (c) EUR 3 billion in gross notional value for OTC interest rate derivative contracts (d) EUR 3 billion in gross notional value for OTC foreign exchange derivative contracts (e) EUR 3 billion in gross notional value for OTC commodity derivative contracts and other OTC derivative contracts not defined under points (a) to (d) Derivative transactions entered into for hedging or risk reduction purposes will not be counted for the calculation of the thresholds. In calculating the positions above, the NFC will need to include all non- hedging OTC derivative contracts entered into by other non-financial entities across the group, producing a single calculation and status for all NFCs within the group. If a threshold is breached by a client in any one category, a client will become an NFC+ for all categories of derivatives. The threshold will be measured on a rolling average basis over 30 working days. An NFC NFC which has not breached such thresholds will be an "NFC--. As defi

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