Projet

4. The term "Custodial Institution" means any Entity that holds, as a substantial portion of its business, Financial Assets for the account of others. An Entity holds Financial Assets for the account of others as a substantial portion of its business if the Entity's gross income attributable to the holding of Financial Assets and related financial services equals or

exceeds 20 % of the Entity's gross income during the shorter of: (i) the three-year period that ends on 31 December (or the final day of a non-calendar year accounting period) prior to the year in which the determination is being made; or (ii) the period during which the Entity has been in existence.

5. The term "Depository Institution" means any Entity that accepts deposits in the ordinary course of a banking or similar business.

6. The term "Investment Entity" means any Entity:

(a) which primarily conducts as a business one or more of the following activities or

operations for or on behalf of a customer:

(i) trading in money market instruments (cheques, bills, certificates of deposit,

derivatives, etc.); foreign exchange; exchange, interest rate and index instruments; transferable securities; or commodity futures trading;

(ii) individual and collective portfolio management; or

AMP/EU/CH/en 53