ESMA_QA_2533
Topic
Non-equity transparency
24/04/2025
Subject Matter
Post-trade deferral regime for bonds, ETCs, ETNs and SFPs under the draft RTS 2 published by ESMA on 16 December 2024
Question
a. Regarding the new post-trade deferral regime categories 3 and 4 for bonds: Which of the following publications (i.e., price-deferred trade, volume-deferred trade or both) will be required to contain the flags ‘LLF3’ and ‘LIF4’? (Please see Draft RTS 2, paragraph 78 on page 29 and Annex II, Table III on page 160).

b. Regarding the new post-trade deferral regime for ETCs, ETNs and SFPs: Which of the following publications (i.e., price-deferred trade, volume-deferred trade or both) will be required to contain the flag ‘DEFF’? (Please see Draft RTS 2, Annex II, Table III on page 161).
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets
ESMA_QA_2711
Topic
Crypto-Asset Service Provider (CASP)
15/04/2025
Subject Matter
Scope of the term “trading platform for crypto-assets” in Article 78(5) of MiCA (executing client orders outside of a trading platform)
Question
Where a crypto-asset service provider (CASP) provides execution of orders for crypto-assets on behalf of clients (as defined in Article 3(1)(21) of MiCA), does the obligation under Article 78(5) of MiCA for the CASP to inform their clients about the possibility that their orders “might be executed outside a trading platform” and to obtain “the prior express consent of their clients before proceeding to execute their orders outside a trading platform” apply whenever a CASP’s order execution policy provides for the possibility that client orders might be executed outside of CASPs that are authorized in accordance with Article 59 of MiCA to provide the service of ‘operation of a trading platform for crypto-assets’ as defined in Article 3(1)(18) of MiCA?
Level 1 Regulation
MiCA
ESMA_QA_2522
Topic
Initial Public Offer/IPO
07/04/2025
Subject Matter
New exemptions for fungible securities in Prospectus Regulation.
Question
In relation to the statement of continuous compliance with reporting and disclosure obligations as referred to in Annex IX, point IV, of Regulation (EU) 2017/1129, when is an issuer considered to have ‘continuous compliance’ and to which time period should the statement pertain (i.e. does the statement need to cover the entire period that the issuer’s securities have been admitted to trading)?
Level 1 Regulation
Prospectus Regulation 2017/1129
ESMA_QA_2521
Topic
Initial Public Offer/IPO
07/04/2025
Subject Matter
New exemptions for fungible securities in Prospectus Regulation.
Question
To qualify for the exemption set out in Article 1(5), point (ba), of Regulation (EU) 2017/1129, one condition is that the securities to be admitted to trading on a regulated market must not be issued in connection with a takeover by means of an exchange offer, a merger, or a division. Does that exemption refer to a takeover by means of an exchange offer that falls within the scope of Directive 2004/25/EC?
Level 1 Regulation
Prospectus Regulation 2017/1129
ESMA_QA_2520
Topic
Public offer
07/04/2025
Subject Matter
New exemptions for fungible securities in Prospectus Regulation.
Question
When applying the exemptions in Article 1(4)(da) and (db) as well as Article 1(5)(ba), when is an issuer considered to be subject to a restructuring or to insolvency proceedings?
Level 1 Regulation
Prospectus Regulation 2017/1129