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EUREX Clearing AG, Eschborn, Germany
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(a) the performance of the functions of a clearing house, including the operation of a clearing system for the monetary and piecemeal settlement of transactions on domestic and foreign securities or futures exchanges, multilateral trading platforms and in connection with the clearing of OTC transactions in financial instruments or emission allowances. In doing so, the Company is also entitled to conclude contracts that serve the establishment and maintenance of settlement links ("clearing links") with other clearing houses or comparable companies; b) the exercise of the activity as a central counterparty within the meaning of the German Banking Act and comparable functions under relevant foreign legal systems; (c) the planning, development and implementation of electronic data-processing techniques, in particular in the field of stock exchange, clearing and securities transactions of credit institutions, including their settlement, as well as the collection, processing and distribution of information relating to securities and/or derivatives; (d) the provision of support services to undertakings engaged in clearing and securities transactions, in particular by providing centralised services in all areas of activity for the undertakings concerned. e) the exercise of proprietary business within the meaning of the Banking Act as well as comparable activities under relevant foreign legal systems f) the exercise of deposit business and credit business within the meaning of the Banking Act in accordance with the following restrictions: i. Eurex Clearing AG may accept deposits from and grant secured loans to credit and financial services institutions within the meaning of Directive 2006/48/EC of the European Parliament and of the Council of June 14, 2006 (Banking Directive), as amended, as last amended on December 09, 2011, which are also clearing participants at Eurex Clearing AG. ii. Eurex Clearing AG may accept deposits from and grant secured loans to companies included in the scope of consolidation of Deutsche Börse AG domiciled in the European Economic Area (EEA) that are not institutions within the meaning of the German Banking Act. Unsecured loans may also be granted and deposits may be accepted to institutions that hold a licence under the German Banking Act (KWG) and are included in the scope of consolidation of Deutsche Börse AG. iii. Deposits and credits referred to in points (i) and (ii) may only be received and granted if they are closely related to the clearing transaction. iv. The collateralisation of the loans shall comply with the collateral requirements laid down in Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories in conjunction with Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards regulatory technical standards for requirements for central Counterparties in the currently valid versions are sufficient. v. The investment of accepted deposits within the meaning of the restrictions according to Sections i. to iii. must be made in a congruent manner. The same applies to the granting of credits within the meaning of the restrictions under points i. to iv. 2. The Company is entitled to carry out all transactions, to carry out measures and to carry out other actions which appear directly or indirectly necessary, suitable or useful to achieve the company's purpose. You may in particular acquire and sell land, establish branches at home and abroad to participate in companies of the same or related, in special cases also other kind, such build or acquire. The Company is also entitled to conclude corporate and interest group agreements.
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