ESMA_QA_2630
Topic
EU-CCPs
27/08/2025
Subject Matter
EMIR 3.0 Active Account Requirement and Reporting Obligation
Question
Should counterparties that clear 100% of their relevant derivatives contracts in the EU still be required to comply with the representativeness obligation under Article 7a(3)(d) of EMIR, the reporting obligation under Article 7b(1), and the representativeness reporting requirements outlined in the RTS?
Level 1 Regulation
Regulation 648/2012 - OTC derivatives, central counterparties and trade repositories (EMIR) - CCPs
ESMA_QA_2626
Topic
Other issues (CCP)
07/08/2025
Subject Matter
Reporting of the representativeness obligation
Question
Does the 85% exemption from reporting for entities under Article 7b also apply to the reporting of the representativeness obligation, or does it only apply to the reporting of activities, risk exposures, and operational conditions?
Level 1 Regulation
Regulation 648/2012 - OTC derivatives, central counterparties and trade repositories (EMIR) - CCPs
ESMA_QA_2618
Topic
Suitability
25/07/2025
Subject Matter
Arrangements necessary to understand clients
Question
In order to comply with the duty to obtain the necessary information regarding the client's knowledge and experience, financial situation, and investment objectives, shall the Investment firms questionnaire/approach follow this exact sequence, i.e., shall the investment firm inquire the client, in a first moment, about its Knowledge and Experience on a specific instrument/ service, and then about the client's financial situation and his investment objectives ?
Level 1 Regulation
Directive 2014/65/EU - Markets in Financial Instruments Directive (MiFID II)
ESMA_QA_2609
Topic
Costs and fees
15/07/2025
Subject Matter
Performance fees for feeder funds
Question
Can the manager of a feeder fund within the meaning of Article 58 of the UCITS Directive charge a performance fee?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_2579
Topic
Crypto assets
20/06/2025
Subject Matter
Shared order book model
Question
Under the Markets in Crypto-Assets Regulation (MiCA), is it permissible for an EU trading platform for crypto-assets that is operated by a crypto-asset service provider (CASP) authorised under MiCA to pool its order book with that of one or more non-EU trading platforms operated by an entity or entities that are not authorised as CASPs under MiCA?
Level 1 Regulation
MiCA