PART III SPECIFIED INVESTMENTS
Options83
F21
Options to acquire or dispose of—
a
a security or contractually based investment (other than one of a kind specified by this article);
b
currency of the United Kingdom or any other country or territory;
c
palladium, platinum, gold or silver; F3...
d
an option to acquire or dispose of an investment of the kind specified by this article by virtue of paragraph (a), (b) or (c)F4;
e
subject to paragraph (4), an option to acquire or dispose of an option to which paragraph 5, 6, 7 or 10 of Section C of Annex I to the markets in financial instruments directive F6read with Articles 5, 6, 7 and 8 of the Commission Regulation (F7the texts of which are set out in Parts 1 and 2 of Schedule 2) applies.
F12
Subject to paragraph (4), options—
a
to which paragraph (1) does not apply;
b
which relate to commodities;
c
which may be settled physically; and
d
either—
i
to which paragraph 5 or 6 of Section C of Annex I to the markets in financial instruments directive, the text of which is set out in Part 1 of Schedule 2 F8(read with Articles 5 and 6 of the Commission Regulation), applies, or
ii
which in accordance with Article F97 of the Commission Regulation (the text of which is set out in Part 2 of Schedule 2) are to be considered as having the characteristics of other derivative financial instruments and not being for commercial purposes, and to which paragraph 7 of Section C of Annex I to the markets in financial instruments directive applies.
3
Subject to paragraph (4), options—
a
to which paragraph (1) does not apply;
b
which may be settled physically; and
c
to which paragraph 10 of Section C of Annex I to the markets in financial instruments directive (read with F10Articles 7 and 8 of the Commission Regulation) applies.
4
Paragraphs (1)(e), (2) and (3) only apply to options in relation to which—
a
an investment firm or credit institution is providing or performing investment services and activities on a professional basis,
b
c
d
an AIFM is providing, in accordance with Article 6.4 of the alternative investment fund managers directive the investment service specified in paragraph 1, 4 or 5 of Section A, or the ancillary service specified in paragraph 1 of Section B, of Annex I to the markets in financial instruments directive.
5
Expressions used in paragraphs (1)(e), (2) and (3) and in the markets in financial instruments directive have the same meaning as in that directive.