Subject Matter
Use of a benchmark (ESMA70-145-114 Q&A_5.2)
Question
In Article 3(1)(7), “use of a benchmark”, is defined, in paragraph (b), as meaning “determination of the amount payable under a financial instrument . . . by referencing an index or a combination of indices”. In which circumstances would one or more supervised entities be viewed as using a benchmark under paragraph (b) in relation to a derivative, i.e. a financial instrument in Section C of Annex I to Directive 2014/65/EU, paragraphs (4) – (10)?
Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011