CENTRAL BANK OF CYPRUS

Transcription

1 APPENDIX 2 NOTIFICATION BY A BANK INCORPORATED IN CYPRUS, WHICH WISHES TO PROVIDE SERVICES, ON A CROSS BORDER BASIS, IN OTHER EUROPEAN UNION (E.U.) MEMBER STATES IN ACCORDANCE WITH ARTICLE (28) OF THE RECAST BANKING DIRECTIVE 2006/48/EC FULL NAME OF BANK:... Details of contact person: Name Telephone number Fax number address Who should complete this form Banks incorporated in Cyprus, wishing to exercise a passport right to provide services in another EU Member State, in accordance with the Banking Law of 1997, as subsequently amended, should complete this form and submit it to the Licensing Section, Bank Supervision and Regulation Division, of the Central Bank of Cyprus. Completing the form 1. Please complete the present form electronically and sign the declaration at the end. 2. Where deemed necessary, you may use a separate sheet of paper, stating the number of the question on the top left part of the sheet of paper. Appendix 2 -Outgoing / services

2 NOTIFICATION BY A BANK INCORPORATED IN CYPRUS WHICH WISHES TO PROVIDE SERVICES ON A CROSS BORDER BASIS IN ANOTHER E.U. MEMBER STATE, IN ACCORDANCE WITH ARTICLE 28 OF THE RECAST BANKING DIRECTIVE 2006/48/EC 1. Information on the credit institution Name of Credit Institution : [name] Address : [Head Office address] Telephone No : [tel no] Fax No : [fax no] [ address] Contact person : [name] Home State : [Cyprus] Authorisation Status : [Authorised by the Central Bank of Cyprus] Type of notification : [e.g first time / changes] Member State into which sevices will be provided : [Host Member State] Date from which activities will be provided: [Date] 2

3 2. Activities to be provided in accordance with Annex I of Directive 2006/48/EC 1. Acceptance of deposits and other repayable funds 2. Lending including, inter-alia, consumer credit, mortgage credit, factoring, financing of commercial transactions 3. Financial Leasing 4. Money transmission services 5. Issuing and administering means of payment 6. Guarantees and commitments 7. Trading for own account or for account of customers in: 7a. money market instruments 7b. foreign exchange 7c. financial futures and options 7d. exchange and interest-rate instruments 7e. transferable securities 8. Participation in securities issues and the provision of services related to such issues 9. Advice to undertakings on capital structure, industrial strategy, and related questions and advice as well as services relating to mergers and the purchase of undertakings 10. Money broking 11. Portfolio management and advice 12. Safekeeping and administration of securities 13. Credit reference services 14. Safe custody services 15. MiFID 1 services and activities subject to mutual recognition under the Banking Directive (please complete the attached schedule) 1 The services and activities provided in Sections A and B of Annex I of Directive 2004/39/EC of the European Parliament and of the Council of 21 April, 2004, on markets in financial instruments, when referring to the financial instruments provided for in Section C of Annex I of that Directive, are subject to mutual recognition, according to the Directive 2006/48/EC. 3

4 3. Investment services and activities to be provided in accordance with the Markets in Financial Instruments Directive ( MiFID ) Financial Instruments Investment services and activities Ancillary services A1 A2 A3 A4 A5 A6 A7 A8 B1 B2 B3 B4 B5 B6 B7 C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 Note1 : abbreviations in the table refer to the relevant provisions in Annex I of MiFID (e.g. A1 refers to Annex 1 Section A paragraph 1 MiFID) which is hereby attached for easy reference. Note 2: matrix should cover all activities (old and new) provided by the branch 4

5 4. EU States in which services are to be provided Member State Tick as required 1. Austria 2. Belgium 3. Bulgaria 4. Czech Republic 5. Denmark 6. Estonia 7. Finland 8. France 9. Germany 10. Greece 11. Hungary 12. Ireland 13. Italy 14. Latvia 15. Lithuania 16. Luxembourg 17. Malta 18. Netherlands 19. Poland 20. Portugal 21. Romania 22. Slovak Republic 23. Slovenia 24. Spain 25. Sweden 26. United Kingdom ALL EU STATES Other EEA (European Economic Area) countries:... 5

6 I confirm that the information included in this form is complete and accurate to the best of my knowledge and belief. Name of authorised signatory:... Position:... Signature:... Date: (dd/mm/yy)... This form should be sent to: Licensing Section, Banking Supervision and Regulation Division CENTRAL BANK OF CYPRUS P.O. Box 25529, CY 1395 Nicosia CYPRUS TELEPHONE: FACSIMILE: WEBSITE: 6

7 ANNEX I OF THE BANKING DIRECTIVE 2006/48/EC LIST OF ACTIVITIES SUBJECT TO MUTUAL RECOGNITION 1. Acceptance of deposits and other repayable funds 2. Lending including, inter alia: consumer credit, mortgage credit, factoring, with or without recourse, financing of commercial transactions (including forfeiting) 3. Financial leasing 4. Money transmission services 5. Issuing and administering means of payment (e.g. credit cards, travellers' cheques and bankers' drafts) 6. Guarantees and commitments 7. Trading for own account or for account of customers in: (a) money market instruments (cheques, bills, certificates of deposit, etc.); (b) foreign exchange; (c) financial futures and options; (d) exchange and interest rate instruments; or (e) transferable securities. 8. Participation in securities issues and the provision of services related to such issues 9. Advice to undertakings on capital structure, industrial strategy and related questions and advice as well as services relating to mergers and the purchase of undertakings 10. Money broking 11. Portfolio management and advice 12. Safekeeping and administration of securities 13. Credit reference services 14. Safe custody services The services and activities provided for in Sections A and B of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (1), when referring to the financial instruments provided for in Section C of Annex I of that Directive, are subject to mutual recognition according to this Directive. 7

8 ANNEX I OF MIFID DIRECTIVE LIST OF SERVICES AND ACTIVITIES AND FINANCIAL INSTRUMENTS Section A Investment services and activities (1) Reception and transmission of orders in relation to one or more financial instruments. (2) Execution of orders on behalf of clients. (3) Dealing on own account. (4) Portfolio management. (5) Investment advice. (6) Underwriting of financial instruments and/or placing of financial instruments on a firm commitment basis. (7) Placing of financial instruments without a firm commitment basis (8) Operation of Multilateral Trading Facilities. Section B Ancillary services (1) Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cash/collateral management; (2) Granting credits or loans to an investor to allow him to carry out a transaction in one or more financial instruments, where the firm granting the credit or loan is involved in the transaction; (3) Advice to undertakings on capital structure, industrial strategy and related matters and advice and services relating to mergers and the purchase of undertakings; (4) Foreign exchange services where these are connected to the provision of investment services; (5) Investment research and financial analysis or other forms of general recommendation relating to transactions in financial instruments; (6) Services related to underwriting. (7) Investment services and activities as well as ancillary services of the type included under Section A or B of Annex 1 related to the underlying of the derivatives included under Section C 5, 6, 7 and 10 - where these are connected to the provision of investment or ancillary services. Financial Instruments Section C (1) Transferable securities; (2) Money-market instruments; (3) Units in collective investment undertakings; (4) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash; (5) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event); L 145/42 EN Official Journal of the European Union (6) Options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market and/or an MTF; (7) Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in C.6 and not being for commercial purposes, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are cleared and settled through recognised clearing houses or are subject to regular margin calls; (8) Derivative instruments for the transfer of credit risk; (9) Financial contracts for differences. (10) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event), as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market or an MTF, are cleared and settled through recognised clearing houses or are subject to regular margin calls. 8