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 F8paragraph 5, 6, 7 or 10 of Part 1 of Schedule 2 (read with Articles 5, 6, 7, and 8 of the Commission Regulation) 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
ii
which in accordance with Article F67 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 F11Part 1 of that Schedule applies.
3
Subject to paragraph (4), options—
a
to which paragraph (1) does not apply;
b
which may be settled physically; and
4
Paragraphs (1)(e), (2) and (3) only apply to options in relation to which—
F13a
an investment firm or qualifying credit institution is providing or performing investment services and activities on a professional basis,
b
a management company which has a Part 4A permission to do so is providing the investment service specified in paragraph 4 or 5 of Part 3 of Schedule 2 or the ancillary service specified in paragraph 1 of Part 3A of that Schedule,
c
a market operator is providing the investment service specified in paragraph 8 or 9 of Part 3 of that Schedule, or
d
a full-scope UK AIFM which has a Part 4A permission to do so is providing the investment service specified in paragraph 1, 4 or 5 of Part 3 of that Schedule or the ancillary service specified in paragraph 1 of Part 3A of that Schedule.
F95
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