Financial instruments under the scope of the recast test of the Spanish Securities Market Act
Transferable securities mean any right in equity, irrespective of its name, whose own legal status and the rules governing their transfer make them eligible for general, arm’s length trading in a financial market, including the following classes of securities, with the exception of instruments of payment:
1º Shares in companies and other securities equivalent to shares in companies, and depositary receipts.
2º Bonds and other forms of securitised debt, including depositary receipts in respect of such securities.
For the purposes of the provisions of this act, depositary receipts mean those securities which are negotiable on the capital market and which represent ownership of the securities of a non-domiciled issuer, which may be admitted to trading on a regulated market and traded independently of the securities of the non-domiciled issuer.
3º Any other securities granting the right to acquire or sell such transferable securities or giving rise to a cash settlement determined by reference to transferable securities, currencies, interest rates or yields, commodities or other indices or arrangements.
Money-market instruments mean those classes of instruments which are normally traded on the money market, such as treasury bills and commercial paper, excluding instruments of payment.
Units and shares in collective investment schemes, as well as in venture capital undertakings and closed-ended collective investment schemes.
Options, futures, swaps, forward rate agreements and any other derivatives contracts relating to securities, currencies, interest rates or yields, emission allowances or other derivative instruments, financial indices or financial arrangements that can be settled by physical delivery or in cash.
Options, futures, swaps, forwards and any other derivatives contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event.
Options, futures, swaps, forwards and any other derivatives contracts relating to commodities, which can be physically settled and are not mentioned in the preceding paragraph and are not used for commercial purposes, which have the characteristics of other financial derivative instruments.
Options, futures, swaps, forwards and any other derivatives contracts relating to commodities, which can be physically settled and are not mentioned in the preceding paragraph and are not used for commercial purposes, which have the characteristics of other financial derivative instruments.
Derivative instruments for the transfer of credit risk.
Financial contracts for differences.
Options, futures, swaps, forwards and any other derivatives contracts relating to climatic variables, freight rates or inflation rates or other official economic statistics, which must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event, as well as any other derivatives contract relating to assets, rights, obligations, indices and arrangements not mentioned in this Annex, which have the characteristics of other financial derivative instruments, bearing in mind, inter alia, whether they are traded on a regulated market, an OTF or MTF.
Emission allowances consisting of any units recognised for compliance with the requirements of Directive 2003/87/EC of the European Parliament and of the Council, of 13 October 2003, establishing a scheme for greenhouse gas emission allowance trading within the Community, and amending Council Directive 96/61/EC.