Capacity and MiFID II: Difference between pages

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1. ''Law''.  
An updated Markets in Financial Instruments Directive ([[MiFID]]).


If a company or individual lacking contractual capacity purports to enter a contract, the contract may not be enforceable.


Problems of contractual capacity may arise, for example, in relation to requirements for dual signatories to bind certain companies or to bind companies of particular kinds in certain [[jurisdiction]]s.
==See also==
* [[Regulated market]]
* [[Multilateral trading facility]]
* [[Systematic internaliser]]
* [[MiFID]]
* [[EMIR]]


Other potential capacity problems - relating more to individuals - include minors, mental incapacity or intoxication.


===Other links===
[http://www.treasurers.org/node/10350: ACT responds to ESMA on MiFID implementation]


2. ''Banking''.
In relation to the individuals whom a bank will authorise to open and operate a bank account, the appropriate level of seniority and the role of the individuals within the business of the customer.
3.
More generally, the ability to absorb or hold.  For example, tax capacity or borrowing capacity.
(Tax capacity being the ability to use tax reliefs efficiently to shelter otherwise taxable profits or gains. Borrowing capacity being the maximum amount of borrowing which can be sustained based on a firm's expected future cashflows and its assets.)
== See also ==
* [[Contract]]
* [[Minor]]
[[Category:Long_term_funding]]
[[Category:Compliance_and_audit]]
[[Category:Compliance_and_audit]]

Revision as of 09:33, 11 May 2015

An updated Markets in Financial Instruments Directive (MiFID).


See also


Other links

ACT responds to ESMA on MiFID implementation