ESMA_QA_1233
Topic
CSD questions - Organisational requirements (governance arrangements, record keeping, outsourcing, user committee)
14/12/2017
Subject Matter
Organisational requirements: Record keeping
Question
(a) When will the CSD record keeping requirements under CSDR and the related technical standards start applying?
(b) Can a CSD only validate the format of the data field for an LEI and not check that the LEI actually exists and that it belongs to the said entity?
Article 55(2)(a) of the RTS on CSD Requirements
Annex IV, Field 1 of Table 2 on Position (Stock) Records of the ITS on CSD Requirements
(c) Can a CSD refuse to complete field 16 of Table 2 (Types of securities account) on the basis that only the participant knows the usage?
Article 55(3)(b) of the RTS on CSD Requirement
Annex IV, Field 16 of Table 2 on Position (Stock) Records of the ITS on CSD Requirements
(d) What is the point in time where settlement instructions are considered as ‘failing settlement
instructions’?
(e) Should the record keeping requirements applying to the provision of ancillary services listed in the CSDR Annex also apply to the provision by a CSD of an ancillary service that is not precisely listed in the CSDR Annex?
(f) Under rules implementing Articles 22 and 29 of CSDR, CSDs must record the LEIs of the issuers pertaining to the financial instruments in respect of which CSDs provide notary or central maintenance services. What action should be taken by CSDs in order to obtain the LEIs of issuers?
(g) Which entities should be covered for the purpose of the records a CSD has to keep in relation to settlement banks as referred to in Article 54(2)(l) and Article 55(2)(g), (l) and (m) of the RTS on CSD Requirements?
(b) Can a CSD only validate the format of the data field for an LEI and not check that the LEI actually exists and that it belongs to the said entity?
Article 55(2)(a) of the RTS on CSD Requirements
Annex IV, Field 1 of Table 2 on Position (Stock) Records of the ITS on CSD Requirements
(c) Can a CSD refuse to complete field 16 of Table 2 (Types of securities account) on the basis that only the participant knows the usage?
Article 55(3)(b) of the RTS on CSD Requirement
Annex IV, Field 16 of Table 2 on Position (Stock) Records of the ITS on CSD Requirements
(d) What is the point in time where settlement instructions are considered as ‘failing settlement
instructions’?
(e) Should the record keeping requirements applying to the provision of ancillary services listed in the CSDR Annex also apply to the provision by a CSD of an ancillary service that is not precisely listed in the CSDR Annex?
(f) Under rules implementing Articles 22 and 29 of CSDR, CSDs must record the LEIs of the issuers pertaining to the financial instruments in respect of which CSDs provide notary or central maintenance services. What action should be taken by CSDs in order to obtain the LEIs of issuers?
(g) Which entities should be covered for the purpose of the records a CSD has to keep in relation to settlement banks as referred to in Article 54(2)(l) and Article 55(2)(g), (l) and (m) of the RTS on CSD Requirements?
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR