In this act Article 39 of 42
Article 39 — Calculation of aggregate average notional amount
Financial servicesLevel 2RTSEMIRIn forceOfficial source
39(1)Copy link
1.For the purposes of Articles 36 and 37, the aggregate average notional amount referred to shall be calculated as the average of the total gross notional amount that meets all of the following conditions:
39(1)(a)
(a)that are recorded on the last business day of March, April and May of 2016 with respect to counterparties referred to in point (a) of Article 36(1);
Copy link39(1)(b)
(b)that are recorded on the last business day of March, April and May of the year referred to in each of the points in Article 36(1);
Copy link39(1)(d)
(d)it includes all the non-centrally cleared OTC derivative contracts of the group;
Copy link39(1)(e)
(e)it includes all the intragroup non-centrally cleared OTC derivative contracts of the group, counting each one of them once.
Copy link39(2)Copy link
2.For the purpose of paragraph 1, UCITS authorised in accordance with Directive 2009/65/EC and alternative investment funds managed by alternative investment fund managers authorised or registered in accordance with Directive 2011/61/EU shall be considered distinct entities and treated separately, where the following conditions are met: