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ID 982. Foreign exchange Back

Relevant provisions

Annex I , Section C of Directive 2004/39/EC

Question

Does a rolling spot Foreign Exchange on margin take the form of a derivative contract or contract for difference to be considered financial instrument under MiFID ?

Answer

As opposed to spot trading where there is immediate delivery, a rolling spot FX contract can be indefinitely renewed and no currency is actually delivered until a party affirmatively closes out its position. This exposes both parties to fluctuations in the underlying currencies.

Hence rolling spot foreign exchange contracts are a type of derivative contract (i.e. either a forward or a financial contract for difference) relating to currencies and are considered financial instruments as defined under MiFID (see Section C(4) or (9) of Annex I of Directive 2004/39/EC).



Date

Submitted on 18/01/2011

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