EBA · 2013_164 Final Q&A

Definition of financial customers in Article 411 (1) of CRR regarding corporate trusts with a single fixed individual beneficiary

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
411, para. 1
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2013-08-15
Answered
2014-09-26
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Please provide a definition for: 1) 'Investment Scheme' 2) 'Non-open ended' In the context of 411 (1)(e).

Background

Corporate Trusts with a single fixed individual beneficiary.

Answer

If a term is not defined in the Regulation, the Q&A instrument cannot be used to provide a formal, legal definition. Non-defined terms must be interpreted according to the general meaning of the terms used, together with other recognised interpretative methods, such as contextual interpretation and by identifying the objective of the concerned provisions. DISCLAIMER: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General for Internal Market and Services) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Original source: European Banking Authority, Q&A ID 2013_164

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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