EMIR Refit: Update of the AMF website on notifications forms

Notifications regarding the obligation to hold an active account pursuant to Article 7a(1) of EMIR

On December 4, 2024, EMIR 3 regulation was published in the Official Journal of the European Union, with certain provisions coming into force on December 24, 2024.

In this context, the AMF wishes to specify the notification procedures related to the obligation to hold an active account in accordance with Article 7a(1) of EMIR.

Starting on 24 December 2024, where a French financial counterparty (FC) or non-financial counterparty (NFC) becomes subject to the obligation to hold an active account in accordance with Article 7a(1) of EMIR, this FC or NFC shall inform the AMF and ESMA in parallel according to the procedures specified in the “My relations with the AMF” section for professionals, under “Make my reporting, notifications and disclosure” in the subsection “Notifications under EMIR”.

In order to notify the AMF when counterparties are subject to the active account obligation under Article 7a(1), FCs and NFCs must use the notification template provided by ESMA, available on its website under the menu “Active Account Notification” and send it to emir-notifications [at] amf-france.org (emir-notifications[at]amf-france[dot]org).

Please do not change the structure of the template file (e.g. number of sheets, sheet names) or the format of the document (i.e. Excel xlsx file format). Documents sent with a different structure or in a different format (e.g. PDF) will not be considered. We also thank you for complying with the naming format for email titles and file names.