ESMA_QA_825
Topic
Information to clients on topics other than costs and charges
23/09/2022
Subject Matter
Investor protection and marketing communication
Question
Can a CSP accept the investment of a prospective non-sophisticated investor or non-sophisticated investor in cases where such investor (i) wants to invest an amount in excess of the higher of EUR 1,000 or 5% of that investor’s net worth but (ii) does not meet the conditions set out in points (a), (b) and (c) of Article 21(7)?
Level 1 Regulation
Regulation 2020/1503 - European crowdfunding service providers for business
ESMA_QA_824
Topic
Information to clients on topics other than costs and charges
23/09/2022
Subject Matter
Investor protection and marketing communication
Question
Can a CSP give full access to its platform to a prospective non-sophisticated investor or non-sophisticated investor refusing to share the result of its simulation to bear loss?
Level 1 Regulation
Regulation 2020/1503 - European crowdfunding service providers for business
ESMA_QA_823
Topic
Information to clients on topics other than costs and charges
23/09/2022
Subject Matter
Investor protection and marketing communication
Question
Can a CSP prevent a prospective non-sophisticated investor or non-sophisticated investor from investing on the basis of the result of the simulation of the ability to bear loss referred to in Article 21(5) of the ECSPR.
Level 1 Regulation
Regulation 2020/1503 - European crowdfunding service providers for business
ESMA_QA_1317
Topic
Ancillary activity
23/09/2022
Subject Matter
Scope of the ancillary activity test
Question
Is a third-country firm (or a third-country subsidiary of an EU firm) dealing on an EU trading venue in commodity derivatives or emission allowances or derivatives thereof in scope of the Ancillary Activity test as per CDR 2021/1833?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
ESMA_QA_1315
Topic
Ancillary activity
23/09/2022
Subject Matter
Simplified approach for regulatory capital requirements
Question
CDR 2021/1833 refers only to Article 360 of the CRR, while the ‘simplified approach for calculating regulatory capital requirements’ is contained in CRR Articles 357, 358 and 360. Is the text in CDR 2021/1833 self-contained or should firms refer to the whole of CRR?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets