Regulatory self-classification Regulatory self-classification

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Following the recent introduction of regulatory requirements concerning the status of parties of financial transactions, it is important for financial institutions to be transparent about their roles. In order to help our clients and counterparties conduct their due diligence processes and increase transparency, this section provides the self-classification information for Commerzbank AG in relation to a number of regulations. In addition, you will also find links to further information on relevant disclosures and documents.

Classifications

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EMIR (European Markets Infrastructure Regulation) – Clearing Obligation

Commerzbank AG is a “Financial Counterparty” (FC) according to Art. 2(8) [EU/648/2012] and as an existing clearing member with a number of CCPs also categorised as:

  • ‘Category 1’ for Clearing Obligations with regards to IRS G4 [Delegated Regulation (EU/2015/2205)] and IRS NOK/SEK/PLN [Delegated Regulation (EU/2016/1178)].
  • ‘Category 2’ for CDS [Delegated Regulation (EU/2016/592)]

EMIR – Bilateral Margining Requirements

  • Commerzbank AG is subject to variation margin requirements from March 2017 according to Art. 11 EMIR (EU/648/2012); Delegated Regulation (EU2016/2251).
  • Commerzbank AG is expected to cross the EU initial margin threshold at the earliest from September 2018.

[This information is not mandatory, is not a representation that Principal will, in fact, cross the relevant threshold in the indicated year, and is provided solely to enable Recipient to plan for future documentation or other changes that may be necessary to comply with regulatory initial margin requirements.]

Dodd Frank

  • Commerzbank AG is provisionally registered as a Swap Dealer or Major Swap Participant with the U.S. Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA ID: 0239971).
  • Commerzbank AG is a Foreign Banking Organisation, supervised by the Federal Reserve Bank of New York.

MiFID (Markets in Financial Instruments Directive)

  • Commerzbank AG is an "Eligible Counterparty" according to Art. 24(1) [2004/39/EC].
  • Commerzbank AG is an “Investment Firm” according to Art. 4(1) [2004/39/EC].

[These classifications will still apply under MiFID 2 (2014/65/EU)]

CRR (Capital Requirements Regulation)

Commerzbank AG is a "Credit Institution" according to Art. 4(1) [EU/575/2013].

KWG (Kreditwesengesetz)

Commerzbank AG is a "Kreditinstitut" according to §1 Abs. 1 KWG.

FinfraG (Finanzmarktinfrastrukturgesetz)

  • Commerzbank AG would be considered a Financial Counterparty+ (FC+) according to FinfraG Art 99 if it would have its registered seat in Switzerland.
  • As a financial institution incorporated in Germany, Commerzbank AG is fully compliant with EMIR [EU/648/2012] and accordingly classified Financial Counterparty (FC) Art. 2(8) [EU/648/2012].

Registration numbers

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LEI / GIIN / VAT

  • LEI: 851WYGNLUQLFZBSYGB56
  • GIIN: G51Q21.00000.LE.276
  • German VAT Registration Number: DE – 114 103 514

FATCA/ IRS (Foreign Account Tax Compliance Act)

For the list of GIINs attributed to Commerzbank branches and subsidiaries as well as for W-8BEN-E forms please see the section Institutions/Fatca.

REMIT (Regulation on wholesale Energy Market Integrity and Transparency)

Commerzbank is registered with ACER under following code: A00037361.DE.

Dodd Frank

Commerzbank AFG is registered with the National Futures Association (NFA) under NFA ID: 0239971.

Company registration and VAT registration

For the company registration and German VAT number please refer to "imprint"

Supervisory authorities

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Germany

Commerzbank AG is incorporated in the Federal Republic of Germany and authorised by Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin; Licence/ registration number 100005)

United Kingdom

  • Commerzbank AG is registered in England and Wales BR 001025 | 30 Gresham Street, London EC2V 7PG.
  • Commerzbank AG is subject to limited regulation by the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA).
  • Commerzbank AG London branch is an incoming EEA Authorised firm, and appears on the "UK Financial Service Register" under number 124920.

USA

Commerzbank AG is a "Foreign Banking Organisation" supervised by the "Federal Reserve Bank of New York".

Additional information

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U.S. Patriot Act

Information on the compliance of Commerzbank with the USA Patriot Act can be found in the section About us/Compliance/USA Patriot Act.

AML/KYC

Information regarding KYC and MLP (Money Laundering Prevention) policies of Commerzbank AG as well as its corporate governance you find under Institutions/KYC & MLP Policies.

Canadian Derivatives Reporting

  • Commerzbank AG has undertaken “deemed” Derivatives Dealer status under the Canadian regulations for reporting purposes in all Canadian provinces.
  • Commerzbank AG is not registered as a Derivatives Dealer in any Canadian province

SFTR (Securities Financing Transactions Regulation)

Commerzbank AG is compliant with EU Regulation 2015/2365 on Securities Financing Transactions and is aware of the general risks and consequences that may be involved in consenting to a right of use of collateral provided under a security collateral arrangement.

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