Notifications relating to the obligation to hold an active account in accordance with Article 7a(1) of EMIR
On December 4, 2024, the EMIR 3 regulation was published in the Official Journal of the European Union implying the entry into application of certain provisions on December 24, 2024.
In this context, the AMF wishes to clarify the notification procedures relating to the obligation to hold an active account in accordance with Article 7a(1) of the EMIR.
From December 24, 2024, when a French financial counterparty (FC) or non-financial counterparty (NFC) becomes subject to the obligation to hold an active account in accordance with article 7a(1) of the EMIR, this FC or NFC must inform the AMF and the ESMA in parallel according to the terms specified in the professional section “my relations with the AMF” “Carry out my reporting and declarations”, under the section “Notifications under of EMIR » .
In order to notify the AMF when counterparties are subject to the active account obligation under Article 7a(1), FCs and NFCs must use the notification template provided by ESMA, available on its website https://www.esma.europa.eu/central-counterparties/ccp-policy under the “Active Account Notification” menu and send it to emir-notifications [at] amf-france.org (emir-notifications[at]amf-france[dot]org).
Please do not change the template file structure (e.g. number of sheets, sheet names) or document format (i.e. Excel xlsx file format). Documents sent with a different structure or in a different format (e.g. PDF) will not be taken into account. We also thank you for ensuring that you respect the naming conventions for email titles and file names.
