I. – The provisions of this paragraph apply to
1° To financial obligations arising from transactions in financial instruments or in units mentioned in article L. 229-7 of the Environment Code, spot foreign exchange transactions or transactions for the sale, purchase or delivery of gold, silver, platinum, palladium or other precious metals or to goods represented by a storage receipt mentioned in article L. 522-37-1 of the French Commercial Code, where at least one of the parties to the transaction is a credit institution, a finance company, an investment services provider other than a portfolio management company, a public institution, a local authority, an institution, a person or entity benefiting from the provisions of Article L. 531-2 of this Code, a clearing house, a non-resident institution with comparable status, or an international financial organisation or body of which France or the European Union is a member;
2° Financial obligations arising from any contract giving rise to a cash settlement or delivery of financial instruments or goods represented by a warehouse receipt referred to in Article L. 522-37-1 of the French Commercial Code, where all the parties belong to one of the categories of persons referred to in the previous paragraph, with the exception of the persons referred to in paragraphs c to n of 2° of Article L. 531-2 ;
3° Financial obligations arising from any contract concluded as part of a system referred to in Article L. 330-1;
4° Financial obligations arising from contracts concluded between one or more clearing houses and one of their members, between this member and a client to which it provides, directly or indirectly, a clearing service, and between this client and the clearing house or clearing houses mentioned in this 4°.
For the application of 4° of this I, the word “client” refers, if the parties have agreed, to all legal entities within the same consolidation scope.
II. – For the purposes of this section, options, futures, swaps and all other forward contracts other than those mentioned in III of Article L. 211-1 are also financial instruments, provided that, where these instruments are to be settled by physical delivery, they are subject to registration by a recognised clearing house or to periodic hedging calls.