ESMA_QA_1206
Topic
UCITS eligible assets and investment restrictions
01/07/2017
Subject Matter
Independence of management boards and supervisory functions - Group links, independence and cooling-off periods
Question
Where a group link exists for the purpose of Article 24 of the Commission Delegated Regulation (EU) 2016/438 (“UCITS V Level 2”), does a person who served in the management body or supervisory body of an entity within the group or was otherwise employed by such an entity fulfil the independence requirement under Article 24(2) of the UCITS V Level 2 where the person has ceased any function within the entity?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_1846
Topic
Appropriateness
06/06/2017
Subject Matter
Appropriateness Complex Financial Instruments
Question
Can shares in non-UCITS collective investment undertakings explicitly excluded under point (i) of Article 25(4)(a) of MiFID II be nevertheless assessed against the criteria set out in Article 57 of the MiFID II Delegated Regulation and as a consequence potentially be deemed non-complex financial instruments for the purposes of the appropriateness test?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1826
Topic
Information to clients on costs and charges
06/06/2017
Subject Matter
Information on cost and charges
Question
How should investment firms provide ex-ante disclosure of information on costs and charges to clients when there is no available data on actually incurred costs?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1825
Topic
Information to clients on costs and charges
06/06/2017
Subject Matter
Information on cost and charges
Question
When providing information of costs and charges to clients, on which basis should costs be aggregated? What is the level of aggregation that firms need to apply?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1824
Topic
Information to clients on costs and charges
06/06/2017
Subject Matter
Information on cost and charges
Question
Which methodology should an investment firm use when calculating the ‘costs related to transactions initiated in the course of the provision of an investment service’ for its ex-post cost disclosure?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries