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# ESMA Q\&A 2519 — Q\&A — Active Account Requirement \[Answer Published]

*Answer Published · ESMA publication · Checked against the ESMA publication on 11 Oct 2026 ·* [*Official source*](https://www.esma.europa.eu/publications-data/questions-answers/2519)

|                         |                                                                        |
| ----------------------- | ---------------------------------------------------------------------- |
| **Full title**          | ESMA Q\&A 2519 — Q\&A — Active Account Requirement \[Answer Published] |
| **Issuer**              | ESMA                                                                   |
| **Reference**           | ESMA\_QA\_2519                                                         |
| **Document type**       | Q\&A                                                                   |
| **Date**                | published 04/04/2025; answer 10-07-2025                                |
| **Addressees**          | Not recorded                                                           |
| **Legal basis**         | Not recorded                                                           |
| **Related instruments** | None recorded                                                          |
| **Text on this page**   | Word for word — the full text of the ESMA publication                  |

**Active Account Requirement**

#### Question

Could non-EU entities, which are subject to the clearing obligation, be subject to the active account requirement?

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#### Answer

No. Article 7a of EMIR only applies to financial counterparties and non-financial counterparties, which are clearly defined under Article 2, points (8) and (9), of EMIR, respectively.

Disclaimer in relation to the answers provided by the European Commission in accordance with Article 16b(5) of the ESMA Regulation

The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.

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