financial counterparty

Defined in Article 2, European Market Infrastructure Regulation (EMIR)

Definitions over time (2)

1. 17/06/2019 – today applies on 11/11/2026 Article 2, European Market Infrastructure Regulation (EMIR) Scope: Whole act

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

   ‘financial counterparty’ means: an investment firm authorised in accordance with Directive 2014/65/EU of the European Parliament and of the Council (^{1}); a credit institution authorised in accordance with Directive 2013/36/EU of the European Parliament and of the Council (^{2}); an insurance undertaking or reinsurance undertaking authorised in accordance with Directive 2009/138/EC of the European Parliament and of the Council (^{3}); a UCITS and, where relevant, its management company, authorised in accordance with Directive 2009/65/EC, unless that UCITS is set up exclusively for the purpose of serving one or more employee share purchase plans; an institution for occupational retirement provision (IORP), as defined in point (1) of Article 6 of Directive (EU) 2016/2341 of the European Parliament and of the Council (^{4}); an alternative investment fund (AIF), as defined in point (a) of Article 4(1) of Directive 2011/61/EU, which is either established in the Union or managed by an alternative investment fund manager (AIFM) authorised or registered in accordance with that Directive, unless that AIF is set up exclusively for the purpose of serving one or more employee share purchase plans, or unless that AIF is a securitisation special purpose entity as referred to in point (g) of Article 2(3) of Directive 2011/61/EU, and, where relevant, its AIFM established in the Union; a central securities depository authorised in accordance with Regulation (EU) No 909/2014 of the European Parliament and of the Council (^{5});

2. 01/01/2014 – 17/06/2019 Article 2, European Market Infrastructure Regulation (EMIR) Scope: Whole act

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

   ‘financial counterparty’ means an investment firm authorised in accordance with Directive 2004/39/EC, a credit institution authorised in accordance with Directive 2006/48/EC, an insurance undertaking authorised in accordance with Directive 73/239/EEC, an assurance undertaking authorised in accordance with Directive 2002/83/EC, a reinsurance undertaking authorised in accordance with Directive 2005/68/EC, a UCITS and, where relevant, its management company, authorised in accordance with Directive 2009/65/EC, an institution for occupational retirement provision within the meaning of Article 6(a) of Directive 2003/41/EC and an alternative investment fund managed by AIFMs authorised or registered in accordance with Directive 2011/61/EU;

Used in (77 places in 12 provisions on 11/11/2026)

European Market Infrastructure Regulation (EMIR) (77 in 12)

Recital 29² · Recital 30³ · Article 2² · Article 3⁶ · Article 4⁶ · Article 4a¹⁰ · Article 7a⁵ · Article 7b² · Article 9¹⁵ · Article 10¹⁴ · Article 11¹⁰ · Article 37²