ESMA_QA_1561
Topic
Non-equity transparency
04/10/2018
Subject Matter
Scope of Article 9(1)(c) of MiFIR
Question
What types of derivatives can benefit from the pre-trade transparency waiver provided under Article 9(1)(c) of MiFIR?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets
ESMA_QA_1783
Topic
Investment advice on an independent basis
03/10/2018
Subject Matter
Investment advice on an independent basis
Question
An investment firm only offers financial instruments issued or provided by the investment firm itself or by entities having close links with the investment firm. On a look-through basis, the financial instruments offered (for example, investment funds, wrappers) allow the investor to indirectly invest in financial instruments issued by entities who do not have close links with the investment firm.

Can such investment firm hold itself out as providing investment advice on an independent basis?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries
ESMA_QA_1059
Topic
Best Execution
03/10/2018
Subject Matter
Best Execution
Question
In some instances, investment firms use the RFQ system of a trading venue that allow firms to identify and select the different counterparties they wish to obtain quotes from, before concluding the trade with the selected counterparty on that trading venue’s RFQ system.
Where an investment firm agrees a trade via such systems, should it identify the counterparty with whom the transaction was agreed with or the trading venue used to ultimately conclude the transaction for its RTS 28 reporting?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1724
Topic
Inside information, public disclosure and delayed disclosure of inside information
01/10/2018
Subject Matter
Delayed disclosure of inside information under Article 17(5) of MAR: NCA’s denial of consent
Question
Where the NCA does not consent to the delay of disclosure under Article 17(5) of MAR, can a credit/financial institution or its parents undertaking resort to Article 17(4) of MAR?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1723
Topic
Inside information, public disclosure and delayed disclosure of inside information
01/10/2018
Subject Matter
Delayed disclosure of inside information under Article 17(5) of MAR: notification of the expected duration
Question
Are credit/financial institutions or their parent undertakings required to notify the NCA of the expected duration of the delay under Article 17(5) of MAR?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity