ESMA_QA_1579
Topic
Systematic internaliser regime
31/01/2017
Subject Matter
Transactions that should be exempted from, and included in, the calculation
Question
a) Should investment firms, when determining if they are a systematic internaliser, include (i) transactions that are not contributing to the price formation process and/or are not reportable and (ii) primary market transactions?
b) Should investment firms, when determining if they are a systematic internaliser, include trades executed on own account on a trading venue but following an order from the client?
c) Are off order book trades that are reported to a regulated market, MTF or OTF under its rules excluded from the quantitative thresholds for determining when an investment firm is a systematic internaliser?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
ESMA_QA_1578
Topic
Systematic internaliser regime
31/01/2017
Subject Matter
Level at which the firm must perform the calculation where it is part of a group or operates EU branches
Question
Do the calculations to identify if an investment firm is systematic internaliser have to be carried out at legal entity level or a group level? How are branches of investment firms being treated?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
ESMA_QA_1748
Topic
Investment recommendations and statistics and disclosure of information on the media
27/01/2017
Subject Matter
Recommendations on a derivative referencing an index
Question
How does Commission Delegated Regulation (EU) 2016/958 apply when the subject of the recommendation is a derivative referencing an index?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1747
Topic
Investment recommendations and statistics and disclosure of information on the media
27/01/2017
Subject Matter
Recommendations relating to several financial instruments independently
Question
How does Commission Delegated Regulation (EU) 2016/958 apply when the subject of the recommendation relates to several financial instruments independently?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1745
Topic
Investment recommendations and statistics and disclosure of information on the media
27/01/2017
Subject Matter
Recommendations on multiple issuers
Question
How does Commission Delegated Regulation (EU) 2016/958 apply when the subject of the recommendation relates to multiple issuers independently?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity