ESMA_QA_1208
Topic
Depositaries
01/07/2018
Subject Matter
Depositaries as counterparties in a transaction of assets that they hold in custody
Question
According to Article 22(7) of the UCITS Directive the depositary (or any third party to which the custody function has been delegated) shall not reuse the assets they hold in custody for their own account. Does this provision imply that a depositary (or a delegated third party) should never act as counterparties in a transaction of assets that they hold in custody (including, but not limited to, transfer, pledge, sale and lending of those assets)?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_957
Topic
UCITS global exposure
01/07/2018
Subject Matter
Supervision of branches
Question
What are the supervisory responsibilities of competent authorities in host Member States when a UCITS management company provides investment services through a branch established in the host Member State?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_956
Topic
UCITS eligible assets and investment restrictions
01/07/2018
Subject Matter
UCITS investing in other UCITS with different investment policies
Question
Is a UCITS permitted to invest in other UCITS or collective investment undertakings with different investment strategies or investment restrictions? By way of example, could a UCITS that in accordance with its fund rules or instruments of incorporation and prospectus is not permitted to invest in certain assets or use derivatives for purposes other than hedging invest in other UCITS or collective investment undertakings that are not subject to the same investment restrictions?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_1987
Topic
Product intervention
01/06/2018
Subject Matter
Clients established outside the Union and non-Union nationals
Question
Do the BO Decision and CFD Decision apply to retail clients established outside the Union or to retail clients who are non-Union nationals?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries
ESMA_QA_1986
Topic
Product intervention
01/06/2018
Subject Matter
Guaranteed stop loss orders
Question
How should firms apply the margin close-out rule for CFDs where they also offer guaranteed stops or limited risk protection on a per position basis?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries