12 Amendments of Corien WORTMANN-KOOL related to 2010/0251(COD)
Amendment 271 #
Proposal for a regulation
Article 6
Article 6
Amendment 354 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) the natural or legal person has an arrangement with a third party under which that third party has confirmed reasonable expectation that the share or sovereign debt instrument hascan been located and reserved for lending for the natural or legal person so that settlement can be effected when it is due.
Amendment 363 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. In order to ensure uniform conditions of application of paragraph 1 powers are conferred to the Commission to adopt implementing technical standards identifying the types of agreements or arrangements that adequately ensurenormally provide the reasonable expectation that the share or sovereign debt instrument will be available for settlement.
Amendment 381 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. A trading venueclearing house or settlement system that has shares or sovereign debt admitted to trading shall ensure that it, or the central counterparty that provides clearing services for the trading venue, has procedures in place which comply with all of the following requirements:
Amendment 386 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) where a natural or legal person who sells shares or sovereign debt instruments on the venue is not able to deliver the shares or sovereign debt instrument for settlement within four trading days after the day on which the trade takes place, or six trading days after the day on which the trade takes placesettlement day, or six trading days after the settlement day in the case of market making activities, then procedures are automatically triggered for the trading venueclearing house or settlement system or central counterparty to buy-in the shares or sovereign debt instrument to ensure delivery for settlement;
Amendment 389 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) where the trading venueclearing house or settlement system or central counterparty is not able to buy-in the shares or the sovereign debt instrument for delivery then cash compensation is paid by the trading venue or the central counterparty to the buyer based on the value of the shares or the debt to be delivered at the delivery date plus an amount for any losses incurred by the buyer;
Amendment 392 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the natural or legal person who fails to settle pays an amount to the trading venueclearing house or settlement system or central counterparty to reimburse the trading venueclearing house or settlement system or central counterparty for all amounts paid pursuant to points (a) and (b).
Amendment 396 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. A trading venueclearing house or settlement system that has shares or sovereign debt instruments admitted to trading shall ensure that it has procedures in place, or that the settlement system that provides settlement services for the shares or sovereign debt instrument has procedures in place, which ensure that where a natural or legal person who sells shares or sovereign debt instrument on the venue fails to deliver the shares or sovereign debt instrument for settlement by the date on which settlement is due, then such natural or legal person is subject to the obligation to make daily payments to the trading venuclearing house or settlement system for each day that the failure continues.
Amendment 415 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Articles 5, 6, 7, to 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country, whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2, when it deals as principal in any financial instrument including equities, options, derivatives, sovereign debt and corporate debt, whether traded on or outside a trading venue or as a systemic internaliser, in either or both of the following capacities:
Amendment 418 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 422 #
Proposal for a regulation
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) in a way that ordinarily has the effect of providing liquidity on a regular basis to the market on both bid and offer sides of the market of comparable size;
Amendment 424 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) as part of its usual business, by fulfilling orders initiated by clients or in response toand other market makers or in response to or in anticipation of clients' requests to trade, and by hedging positions arising out of those dealings, whether on a partial or macro basis.