ESMA_QA_2039
Topic
Transparency
23/10/2015
Subject Matter
Additional periodic information (including quarterly reports); TD Art 3
Question
Could additional periodic financial information (including quarterly reports) published on a voluntary basis be considered as regulated information?
Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC
ESMA_QA_2040
Topic
Transparency
23/10/2015
Subject Matter
Publication of sanctions and administrative measures without “undue delay”; TD Art 29
Question
As regards the decision making process, shall National Competent Authorities (NCAs) publish decisions on sanctions and measures only after the exhaustion of all relevant legal remedies (or the expiry of the deadline to exercise them)?
Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC
ESMA_QA_2041
Topic
Notifications of major shareholdings
23/10/2015
Subject Matter
Major shareholding notification – group notifications; TD Art. 12(3)
Question
Question a: According to Article 12(3) an undertaking is exempted from making the notification if the notification is made by its (ultimate) parent undertaking – in which cases does Article 12(3) apply?

Question b: What details regarding its subsidiary undertakings does a parent undertaking have to provide if it makes use of Art. 12(3)?
Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC
ESMA_QA_1117
Topic
Disclosures
09/01/2015
Subject Matter
Financial derivative instruments - KIID
Question
For the purpose of paragraph 39 of the guidelines, would the counterparty to a financial derivative instrument be considered as having discretion over the composition of the underlying assets of the financial derivative instrument under the following arrangement? The role of the counterparty only involves implementing a set of rules and this set of rules is agreed in advance with the UCITS management company and does not allow the exercise of any discretion by the counterparty.
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_1116
Topic
Disclosures
09/01/2015
Subject Matter
Financial derivative instruments - KIID
Question
For the purposes of paragraph 39 of the guidelines, would the counterparty to a financial derivative instrument be considered as having discretion over the composition of the underlying of the financial derivative instrument under the following arrangement? The counterparty to the financial derivative instrument offers advice to the UCITS management company on the composition of the underlying of the financial derivative instrument or the UCITS’ investment portfolio but any investment decision must be approved by the UCITS management company.
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC