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Article 3 - Article 1(9) of Directive 85/611/EEC

Article 3

Article 1(9) of Directive 85/611/EEC

Instruments normally dealt in on the money market

1.   The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments shall be understood as a reference to the following:

(a)

financial instruments which are admitted to trading or dealt in on a regulated market in accordance with points (a), (b) and (c) of Article 19(1) of Directive 85/611/EEC;

(b)

financial instruments which are not admitted to trading.

2.   The reference in Article 1(9) of Directive 85/611/EEC to money market instruments as instruments normally dealt in on the money market shall be understood as a reference to financial instruments which fulfil one of the following criteria:

(a)

they have a maturity at issuance of up to and including 397 days;

(b)

they have a residual maturity of up to and including 397 days;

(c)

they undergo regular yield adjustments in line with money market conditions at least every 397 days;

(d)

their risk profile, including credit and interest rate risks, corresponds to that of financial instruments which have a maturity as referred to in points (a) or (b), or are subject to a yield adjustment as referred to in point (c).