Is a small and non-interconnected investment firm (Art. 12 (1) IFR (Regulation (EU) 2019/2033)) that also holds a licence as a crowdfunding service provider according to Art. 12 ECSPR (Regulation (EU) 2020/1503) obligated to apply Art. 5-15 DORA or is it allowed to use the simplified ICT risk management framework of Art. 16 DORA?

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?

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?

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?

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?