ESMA_QA_1058
Topic
Best Execution
25/05/2018
Subject Matter
Best Execution
Question
What constitutes ‘other liquidity provider’ under Recital 7 of RTS 27?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1863
Topic
Provision of investment services and activities by third country firms
25/05/2018
Subject Matter
New categories of investment products or investment services
Question
How should «new categories of investment products or investment services» within the meaning of Article 42 of MiFID II and Article 46 of MiFIR be understood?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1862
Topic
Provision of investment services and activities by third country firms
25/05/2018
Subject Matter
Initiation at own initiative
Question
Article 42 of MiFID II regulates the provision of services by third country firms at the exclusive initiative of the client. How should “initiates at its own exclusive initiative the provision of an investment service or activity by a third-country firm” be understood in Article 42 of MiFID II?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1236
Topic
CSDR questions - Other topics
24/05/2018
Subject Matter
Prudential requirements - Operational risks
Question
(a) Is the definition of a “critical service provider” referred to in Article 68 of the RTS on CSD Requirements restricted to a party that has a contract to provide services to the CSD?

(b) Article 69 of the RTS on CSD Requirements refers to measures to be put in place to mitigate operational risks in the context of arrangements between a CSD and other market infrastructures. Does the reference to “market infrastructures” include trading venues?

(c) Do overnight deposits with a central bank, an authorised credit institution or a CSD authorised to provide banking-type ancillary services fulfil the requirements specified in Article 82(1) of the RTS on CSD Requirements?

(d) Do central banks providing cash settlement in central bank money for CSDs qualify as critical service providers referred to in Article 68 of the RTS on CSD Requirements?

(e) Does TARGET2-Securities (T2S) qualify as a critical service provider within the meaning of Article 68 of the RTS on CSD Requirements?

(f) In Article 82(2) of the RTS on CSD Requirements, does “access to financial instruments on the same business day when the decision to liquidate the financial instruments is taken” mean that these financial instruments should be liquidated on the same business day?
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR
ESMA_QA_1658
Topic
Systematic internaliser regime
28/03/2018
Subject Matter
Systematic internaliser
Question
Recital 19 of the Commission Delegated Regulation (EU) 2017/565 clarifies the conditions under which an SI may engage in matched principal trading to execute client orders. To what extent can SIs engage in other types of riskless back-to-back transactions?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets