ESMA_QA_1782
Topic
Investment advice on an independent basis
10/10/2016
Subject Matter
Investment advice on an independent basis
Question
Could a firm still hold itself out as being independent where it assesses and compares a sufficient range of financial instruments available (which are not limited to financial instruments issued or provided by the firm itself or by entities having close links) but that the outcome of such an assessment in a considerable number of cases is that the firm recommends financial instruments to its clients which are issued or provided by the firm itself or by entities having close links?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries
ESMA_QA_1780
Topic
Record keeping
10/10/2016
Subject Matter
Record keeping
Question
How should firms prepare copies of records that have been encrypted and which have been requested by clients, competent authorities or other competent third parties?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1768
Topic
Suitability
10/10/2016
Subject Matter
Suitability and appropriateness
Question
The MiFID II Delegated Regulation requires firms to periodically monitor the records of transactions and orders subject to these requirements including relevant conversations and that the monitoring shall be risk based and proportionate. How should these requirements be applied?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries
ESMA_QA_1575
Topic
Double volume cap
03/10/2016
Subject Matter
Mid-month reports
Question
What are the implications of exceeding a relevant threshold in a mid-month report?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets
ESMA_QA_1574
Topic
Double volume cap
03/10/2016
Subject Matter
Application of the double volume mechanism to newly issued instruments
Question
How will the DVC be applied to newly issued shares?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets