Article 39
Calculation of aggregate average notional amount
1.
For the purposes of Articles 36 and 37, the aggregate average notional amount referred to shall be calculated as the average of the total gross notional amount that meets all of the following conditions:
(a)
that are recorded on the last business day of March, April and May of 2016 with respect to counterparties referred to in point (a) of Article 36(1);
(b)
that are recorded on the last business day of March, April and May of the year referred to in each of the points in Article 36(1);
(c)
it includes all the entities of the group;
(d)
it includes all the non-centrally cleared OTC derivative contracts of the group;
(e)
it includes all the intragroup non-centrally cleared OTC derivative contracts of the group, counting each one of them once.
2.
For the purpose of paragraph 1, UCITS authorised in accordance with Directive 2009/65/EC and alternative investment funds managed by alternative investment fund managers authorised or registered in accordance with Directive 2011/61/EU shall be considered distinct entities and treated separately, where the following conditions are met:
(a)
the funds are distinct segregated pools of assets for the purposes of the fund's insolvency or bankruptcy;
(b)
the segregated pools of assets are not collateralised, guaranteed or otherwise financially supported by other investment funds or their managers.