S.L. 345.17 ст. 2Definitions.

(1) In these regulations, unless the context otherwise requires:

"the Act" means the Financial Markets Act; "C6 energy derivative contracts" means options, futures, swaps, and any other derivative contracts mentioned in Section C.6 of Annex I of MiFID relating to coal or oil that are traded on an OTF and must be physically settled; "central counterparty" means a legal person that interposes itself between the counterparties to the contracts traded on one or more financial markets, becoming the buyer to every seller and the seller to every buyer;

"EMIR Regulation" means Regulation (EU) No 648/2012 of the European Parliament and of the Council of the 4th July, 2012 on OTC derivatives, central counterparties and trade repositories as amended from time to time; "Financial Services Tribunal" means the tribunal established in terms of article 21 of the Malta Financial Services Authority Act; "MiFID" means Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder; "OTC derivative" means a derivative contract the execution of which does not take place on a regulated market or on a third country market considered as equivalent to a regulated market in

*see regulation 1(3) of these Regulations, as originally promulgated, and Legal Notice 316 of 2013. S.L.345.17 TRADE REPOSITORIES

accordance with article 19(6) of Directive 2004/39/EC on markets in financial instruments, as amended; "proposed acquirer" means any natural or legal person or persons acting in concert, who have taken a decision either to acquire, directly or indirectly, a qualifying holding in a central counterparty or to further increase, directly or indirectly, such a qualifying holding in a central counterparty as a result of which the proportion of the voting rights or of the capital held would reach or exceed 10%, 20%, 30% or 50% or so that the central counterparty would become its subsidiary; "trade repository" means a legal person that centrally collects and maintains the records of derivatives.

(2) Words and expressions used in the Act shall, in these regulations, have the same meaning as is assigned to them in the Act.