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AI Summary of Article 2 Definitions
The Regulation sets out an extensive catalogue of definitions used throughout the instrument, cross‑referencing Directive 2014/65/EU and other Union legislation. It defines investment firms, investment services and ancillary services, client categories, market structures and trading venues (regulated markets, MTFs, OTFs, systematic internalisers, market makers), classes of financial instruments (shares, bonds, transferable securities, derivatives, commodity and agricultural derivatives, ETFs, certificates, structured finance products), CCPs and clearing-related concepts, and data reporting and publication entities (APAs, ARMs, CTPs, data reporting services providers). It also defines market data concepts including ‘liquid market’, ‘core market data’ and ‘regulatory data’.
The Commission is empowered under Article 50 to adopt delegated acts to specify technical elements of those definitions and to adjust them to market developments. Separate delegated‑act powers permit the Commission to specify criteria to identify ARMs and APAs that, by derogation for limited internal‑market relevance, may be authorised and supervised by a Member State competent authority, taking into account factors such as single‑Member‑State service provision, numbers of trade reports and cross‑border group activity. Where an entity is supervised by ESMA as a data reporting services provider, its ARM or APA activities cannot be excluded from ESMA supervision by such delegated acts.
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Article 2 Definitions
1. For the purposes of this Regulation, the following definitions apply:
(1) "investment firm" means an investment firm as defined in Article 4(1)(1) of Directive 2014/65/EU;
(2) "investment services and activities" means investment services and activities defined in Article 4(1)(2) of Directive 2014/65/EU;
(3) "ancillary services" means ancillary services as defined in Article 4(1)(3) of Directive 2014/65/EU;
(4) "execution of orders on behalf of clients" means execution on behalf of clients as defined in Article 4(1)(5) of Directive 2014/65/EU;
(5) "dealing on own account" means dealing on own account as defined in Article 4(1)(6) of Directive 2014/65/EU;