ESMA_QA_1234
Topic
CSD questions - Conduct of business rules (participation criteria, transparency, communication procedures)
23/03/2018
Subject Matter
Conduct of business rules
Question
(a) Does Article 35 of CSDR allow CSDs to use internal or proprietary messaging standards in their communication procedures with the participants of the securities settlement system they operate and the market infrastructures they interface with?

(b) Should a CSD assess the risks borne by the participants, issuers, linked CSDs or market infrastructures which are already using the CSD?
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR
ESMA_QA_1153
Topic
CSD questions - Requirements for CSD links
23/03/2018
Subject Matter
Requirements for CSD links
Question
(a) Article 84(1)(d) of the RTS on CSD Requirements provides that the requesting CSD shall make available to its participants the legal and operational terms and conditions in relation to the link arrangement. Where the receiving CSD is not the issuer CSD and, thus, has itself a CSD link with the issuer CSD (or with another investor CSD), should the requesting CSD provide its participants with legal and operational terms and conditions applying to these other link arrangements?

(b) Article 84(1)(e) of the RTS on CSD Requirements provides that the requesting CSD shall assess the local legislation applicable to the receiving TC-CSD. Where the receiving TC-CSD is not the issuer CSD and, thus, has itself a CSD link with the issuer CSD (or with another investor CSD), should the requesting CSD perform an assessment of the local legislation applying to these other CSDs?

(c) How should CSDs and their NCAs assess the risks related to a link with an EU CSD which has not been authorised under the CSDR yet?

(d) Are links between CSDs participating in T2S interoperable links as defined in the CSDR?
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR
ESMA_QA_1231
Topic
CSD questions - Authorisation of CSDs
23/03/2018
Subject Matter
Authorisation and supervision of CSDs
Question
(a) When do the relevant deadlines pertaining to the review of a CSD’s application for authorisation under CSDR (including six months for a final decision) begin? Can the clock be stopped on application deadlines when an NCA is waiting for further information from the CSD?
(b) Do the procedures referred to in Article 20(5) of CSDR include also the transfer of issuance accounts and records linked to the provision of the notary or central maintenance services referred to in points 1 and 2 of Section A of the Annex to CSDR?
(c) Should the CSD links a CSD has established or intends to establish at the time of its application for authorisation under Article 16 of CSDR be assessed for the purpose of granting authorisation to that applicant CSD?
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR
ESMA_QA_1812
Topic
Reporting to clients
23/03/2018
Subject Matter
Post-sale reporting
Question
For the purpose of Article 62(1) of the MiFID II Delegated Regulation, if the same threshold is exceeded again and again during the same reporting period, should the firm report the fact to the client each time the threshold is exceeded?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1811
Topic
Reporting to clients
23/03/2018
Subject Matter
Post-sale reporting
Question
What does “hold a retail client account” mean in the context of Article 62(2) of the MiFID II Delegated Regulation?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries