ESMA_QA_1218
Topic
General questions - Settlement periods
18/10/2022
Subject Matter
Cash penalties: costs and process
Question
According to Article 18 of the RTS on Settlement Discipline, the costs of the penalty mechanism that are charged to participants by a CSD should not be allocated on the basis of the number or value of penalties applied to participants, as it could result in a concentration of the cost allocation to a limited number of participants and be seen as a shadow penalty. Other related services, such as additional reports that may be requested by participants, can be charged separately to the respective participants.
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR
ESMA_QA_604
Topic
EU-CCPs
12/10/2022
Subject Matter
CCP collateral requirements
Question
Are bonds and commercial papers eligible collateral by EU CCPs under Article 46 of EMIR, and if so, under which conditions?
Level 1 Regulation
Regulation 648/2012 - OTC derivatives, central counterparties and trade repositories (EMIR) - CCPs
ESMA_QA_836
Topic
Public offer
12/10/2022
Subject Matter
Prospectus exemption in connection with a takeover by means of an exchange offer
Question
What is the meaning of ‘approval’, as referred to in Article 1(6a), point (b), of Regulation (EU) 2017/1129? Is it an approval which follows a process similar to that envisaged in Commission Delegated Regulation (EU) 2019/980 for prospectuses, or an approval which follows the process applied by relevant national supervisory authorities under Directive 2004/25/EC?
Level 1 Regulation
Prospectus Regulation 2017/1129
ESMA_QA_603
Topic
* Transaction reporting
06/10/2022
Subject Matter
Concept of underlying - reverse convertible bonds and reverse convertible notes
Question
Does the concept of an underlying for the purposes of Article 26(2)(b) of MiFIR extend to convertible bonds, reverse convertible bonds and reverse convertible notes?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- MDP
ESMA_QA_1546
Topic
Third country issues
23/09/2022
Subject Matter
Third country issues
Question
Should economically equivalent contracts traded on a third-country venue be considered EEOTC for position limit and position reporting purposes under MiFID II?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets