Emir1 Articles 31 and 32 Purpose of this form



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Notification of the proposed acquisition of a ‘Qualifying Holding’ in a UK Central Counterparty (CCP)

(EMIR1 Articles 31 and 32)
Purpose of this form

This form should be completed by a director of a corporate entity2 that wishes to acquire or increase its qualifying holding, directly or indirectly, in a UK Central Counterparty (CCP) which would result in the entity’s proportion of the voting rights or capital held reaching or exceeding 10%, 20%, 30% or 50% or so that the CCP would become its subsidiary. Unless otherwise stated, “controller” means the person or persons acting in concert who have taken a decision to acquire, directly or indirectly, a qualifying holding, or to increase their existing qualify holding by entering a higher qualifying holding band. “Change in control” should be read accordingly.

Please refer to Article 2 of Regulation No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (‘EMIR’) for the definition of “control”, “subsidiary” and “qualifying holding”.

Important information you should read before completing this form

To comply with the Data Protection Act 1998, any personal information provided to the Bank of England (‘the Bank’) will be used to discharge the Bank’s functions under EMIR, FSMA, the Bank of England Act 1998 and other relevant legislation; it may be disclosed to third parties for those purposes.



It is important that you disclose all relevant information and that it is accurate and complete. If you do not, you may be committing a criminal offence, it may increase time taken to assess your notification and may impact on your suitability as a controller.

If you leave a question blank, do not sign the declaration or do not attach the required supporting information and do not tell us why, the Bank will have to treat the notification as incomplete, which will result in delays.

The Bank may object to a notification if the information provided is incomplete.

Name of proposed controller submitting this notification (include the Financial Conduct Authority (FCA) /Prudential Regulation Authority (PRA) Firm Reference Number, if applicable).

     

CCP that is the subject of the proposed acquisition of a qualifying holding (‘target CCP’)

     




Contact details
  1. Whom should the Bank contact about this notification?




Title

     


First names

     


Surname

     


Job title

     


Company name

     






Business address


     





Postcode

     


Phone number (including area code)

     


Mobile number (optional)

     


Fax number (including area code)

     


Email address

     





1 About the notification

Please note that prior approval is required for proposed changes in control.

Even if the change in control has already taken place without prior Bank approval, the Bank must still assess the suitability of new controllers of CCPs that did not have prior approval. Therefore this notification form should still be completed and submitted as soon as possible to allow a retrospective assessment of the change(s).

Do not leave any questions blank. If a question appears to be not applicable, state ‘N/A’ and explain why it is not applicable.

1.1 Has the change in control already taken place?

 NoGive proposed date below and continue to question 1.2

 Yes Give date below and continue to question 1.2

Date change in control is intended to take place:

Date

dd/mm/yy

1.2 What prompted you to submit the notification at this time? If this notification is being submitted after the event, include details of why prior approval had not been sought for the change(s).

     


1.3 Are you aware of other notifications/applications that relate to this change in control?

 No Continue to section 2

 Yes  Give details below

     



2

About the target CCP

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