ESMA_QA_1739
Topic
Investment recommendations and statistics and disclosure of information on the media
26/10/2016
Subject Matter
Main business is not to produce investment recommendations
Question
Would an investment firm which produces an investment recommendation be considered to fall within the scope of Article 3(1)(34)(i) of MAR, even though the production of such recommendation is not its main business?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1738
Topic
Investment recommendations and statistics and disclosure of information on the media
26/10/2016
Subject Matter
Communications not referring to one or several issuers
Question
Can communications that do not refer to either one or several financial instruments or issuers be considered investment recommendations under MAR
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1737
Topic
Investment recommendations and statistics and disclosure of information on the media
26/10/2016
Subject Matter
Communications made orally or via electronic means
Question
Do communications made orally or via electronic means such as telephone calls and “chat” functions, or communications labelled e.g. “morning notes” or “sales notes”, constitute an “investment recommendation” under MAR?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1727
Topic
Managers' transactions
26/10/2016
Subject Matter
Exchange rate
Question
For transactions carried out under Article 19(1) of Regulation (EU) No 596/2014 of the European Parliament and of the council (MAR) in a currency which is not Euro (EUR), which exchange rate should be used to determine if the threshold set forth in Article 19(8) MAR of EUR 5 000 has been crossed?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1204
Topic
UCITS global exposure
12/10/2016
Subject Matter
Impact of SFTR on UCITS - Commencement of reporting under SFTR
Question
Article 13 of Regulation (EU) 2015/2365 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012, requires UCITS management companies, UCITS investment companies, and AIFMs to provide information to investors on the use made of SFTs and total return swaps in the annual report of each UCITS/AIF under management, as well as in each half-yearly report for UCITS. As Article 13 applies from 13 January 2017, which report should be the first to include this disclosure?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC