ESMA_QA_2127
Topic
DLT financial instruments
08/03/2024
Subject Matter
Scope of Article 3(1)(b) of DLTR
Question
How should the following provision in Art. 3(1)(b) of DLTR (on the admissibility of bonds and other forms of securitised debt) be understood: “[…] excluding those that embed a derivative or incorporate a structure which makes it difficult for the client to understand the risk involved […]”?
Level 1 Regulation
Regulation (EU) 2022/858 - DLT Pilot Regime Regulation (DLTR)
ESMA_QA_2126
Topic
Exemptions for DLT market infrastructures
08/03/2024
Subject Matter
Exemptions for DLT SS/TSS operators on cash settlement
Question
For a DLT SS/TSS operator benefitting from the exemption in Art. 5(8) of DLTR, is it possible for them to settle payments using e-money tokens (EMTs) issued by the DLT SS/TSS operator itself or by an e-money institution (as opposed to only settling payments with EMTs issued by a credit institution)?
Level 1 Regulation
Regulation (EU) 2022/858 - DLT Pilot Regime Regulation (DLTR)
ESMA_QA_2125
Topic
Crypto-Asset Service Provider (CASP)
08/03/2024
Subject Matter
CASPs providing services based on an Article 60 notification
Question
Can financial entities covered by Article 60(2) to (6) of MiCA apply for an authorization under Article 62 MiCA to provide the crypto-asset services that are not regarded as equivalent for that type of financial entity in accordance with Article 60(2) to (6)?
Level 1 Regulation
MiCA
ESMA_QA_2107
Topic
ICT third-party risk management
12/02/2024
Subject Matter
Application of DORA for outsourced critical services that are not ICT
Question
My questions relate to the scenario where a UK financial services firm, or an offshore financial services firm (e.g. in Guernsey), provides services to an EU financial services firm.
For example, in the scenario where an EU financial services firm outsourced its fund management to a UK asset management firm to manage a fund. Would the EU firm be expected to have sought reassurance from the UK fund manager that the UK firm is also compliant with DORA?
Thanks in advance for your help.
Level 1 Regulation
Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)
ESMA_QA_2104
Topic
Direct Electronic Access and algorithmic trading
12/02/2024
Subject Matter
Market making in securitised derivatives
Question
Are there technical circumstances related to securitised derivatives under which it can be considered that a market maker posting one-way quotes is considered to meet the obligations on market making agreements set out in Article 2 of RTS 8?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets