Financial instruments shall include:

1) Transferable securities;

2) any of the following instruments other than securities:

a. Units in collective investment undertakings;

b. Money-market instruments;

c. Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash;

d. Options, futures, swaps, forward rate agreements and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event);

e. Options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market and/or an multilateral trading facility (MTF);

f. Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned and not being for commercial purposes, which have the characteristics of other derivative financial instruments;

g. Derivative instruments for the transfer of credit risk;

h. Financial contracts for differences;

i. Options, future contracts, swaps, forward agreements on percentage rates, and other derivatives on climate changes, freight rates, emission allowances and inflation rates or other official statistical data, executed by money settlement or can be executed by money settlement according to chose one of the parties, and any other sort of derivatives on equity, rights, index, and other indicators, which have properties of other financial instrument derivatives;

j. Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event), as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise here mentioned, which have the characteristics of other derivative financial instruments.

The provisions of the Act shall not apply to promissory notes and cheques within the meaning of the Promissory Note and Cheque Act.

• Act of 29 July 2005 on Trading in Financial Instruments
  Place of publication: (Dz. U. z 2024 r. poz. 722)