ESMA_QA_2290
Topic
Crypto-Asset Service Provider (CASP)
26/09/2024
Subject Matter
Custody agreements in the exercise of rights attached to crypto-assets
Question
Would the ‘terms of service’ or any type of non-negotiated standard user agreement between a client and a crypto-asset service provider (CASP) providing custody services constitute a ‘valid agreement’ that ‘expressly provides otherwise’ per the clause in the second subparagraph of Article 75(4) of MiCA?

If so, can this agreement stipulate that a CASP providing custody services may be unable to facilitate the exercise of client rights with respect to a crypto-asset in the event of any modifications to those rights?
Level 1 Regulation
MiCA
ESMA_QA_2286
Topic
Information to clients on topics other than costs and charges
18/09/2024
Subject Matter
Scope of ancillary services and supervisory convergence
Question
What is the exact scope of the ancillary service, point 5 in annex I, Section B: Investment research and financial analysis or other forms of general recommendations relating to financial instruments?
Level 1 Regulation
Directive 2014/65/EU - Markets in Financial Instruments Directive (MiFID II)
ESMA_QA_2282
Topic
Determination of net short position
17/09/2024
Subject Matter
Calculation of Net Short Positions in case of issuers with non-listed shares
Question
When calculating net short positions in relation to issuers having both listed and non-listed shares, should the issued share capital also include non-listed shares?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_2261
Topic
ELTIF
22/08/2024
Subject Matter
ELTIFs granting loans
Question
Can an ELTIF acquire equity or debt instruments issued by another collective investment scheme (CIS) or grant loans to another CIS, i.e. can CISs qualify as qualifying portfolio undertaking as referred to in points a), b) and c) of Article 10(1) of the ELTIF Regulation? If yes, would the conditions set under article 11 or under article 10(1)d) apply? And would the look-through approach referred to in Article 10(2) of the ELTIF Regulation apply in this case, in particular for debt instruments referred to in Article 10(1)(b) of that Regulation issued by CIS, if CIS can qualify as “qualifying portfolio undertaking as referred to in Article 11?
Level 1 Regulation
European Long-Term Investment Funds Regulation (ELTIF) Regulation (EU) 2015/760
ESMA_QA_2260
Topic
Public offer
21/08/2024
Subject Matter
Future incorporation by reference of financial information, which will be permitted once Article 19 PR is amended by the Listing Act
Question
Where shall the issuer incorporate by reference new annual or interim financial information in the case of a base prospectus drawn up as separate documents or in the case of a standalone tripartite prospectus? For how long this information may be incorporated by reference?
Level 1 Regulation
Prospectus Regulation 2017/1129