EFTA01373562Set 10
2017-04-101p484w
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 ... 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 ... breached such thresholds will be an "NFC--.
As defined in EMIR, "FC" or "financial counterparty" means an investment firm authorised in accordance with Directive
2004/39/EC, a credit institution authorised
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01373562.pdf
EMIR.
EMIR classifies two main categories of counterparty to an OTC derivatives contract:
i. Financial Counterparties ("FC" or "FCs") — includes banks, insurers, investment fums,
fund managers, spread betting firms ... Financial Counterpartles ("NEC" or "NFCs") — any counterparty that is not classified
as a financial counterparty including entities not involved in financial services.1a
Further, NFCs are divided into two sub-categories ... breathed suchtthreshaVis will be an "NFC-".
tr
As defined in EMIR, "PC or "financial counterparty" means an Investment firm authorised In accordance with Directive
2004/39/EC, a credit institution authorised
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01369102.pdf
checked box (b), please check box (c) if applicable]:
(a) Client 0 is a Financial Counterparty. It is either: (X) organized or incorporated inside
the European Union ... financial counterparty (as defined in EMiR); or (Y)
organized or incorporated outside the Eutopean Union and, to the best of its knowledge
and belief, having given due and proper consideration ... status, would constitute a
financial counterparty (as such term is defined in EMIR) if it were established in the
European Union: or
(b) Client, is a Non-Financial Counterparty
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376699.pdf
EFTA01412643Set 10
2014-01-2953p9,023w
have checked box (b), please check box (c)
if applicable];
Client CH is a Financial Counterparty. It is either: (X) organized or
incorporated inside
the European Union ... financial counterparty (as defined in EMIR); or
(Y)
organized or incorporated outside the European Union and, to the best of its
knowledge
and belief, having given due and proper consideration ... status, would
constitute a
financial counterparty (as such term is defined in EMIR) if it were
EFTA01412674
established in the
European Union: or
CjjS
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01412643.pdf
derivative transactions.
1.2 NFC Representation. Client 51,1 IS / 0 IS NOT a Non-Financial Counterparty. Client
represents to DB (which representation is deemed repeated as of the time ... either: (X) organized or incorporated inside the European Union and is a non-
financial counterparty (as defined in EMIR); or (Y) organized or incorporated outside the
European Union ... belief, having given due and proper
consideration to its status, would constitute a non-financial counterparty (as such term is
defined in EMIR) if it were established in the European
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01453190.pdf