ESMA_QA_1061
Topic
* SFTR Art. 4
06/06/2023
Subject Matter
Reporting of the SFTs concluded by IORPs and pension funds
Question
Which are the entities that have the reporting responsibility under SFTR, for IORPs and for personal pension funds?
Level 1 Regulation
Securities Financing Transactions Regulation (SFTR) Regulation (EU) 2015/2365- MDP
ESMA_QA_1242
Topic
DLT financial instruments
02/06/2023
Subject Matter
DLT Collective investment undertakings
Question
Should ETFs or other collective investment undertakings represented by shares be considered as units in collective investment undertakings, rather than shares (transferable securities), thus falling into the bucket specified in Article 3(1), point (c), DLTPR, and hence assessed against the criteria in Article 25(4), point (a), of MiFID II?
Level 1 Regulation
Regulation (EU) 2022/858 - DLT Pilot Regime Regulation (DLTR)
ESMA_QA_1241
Topic
DLT market infrastructure
02/06/2023
Subject Matter
UCITS eligible under DLTPR
Question
Does Article 3(1), point (c), of the DLTPR require that a UCITS fund should be an ETF in order to be eligible?
Level 1 Regulation
Regulation (EU) 2022/858 - DLT Pilot Regime Regulation (DLTR)
ESMA_QA_1240
Topic
DLT financial instruments
02/06/2023
Subject Matter
Partially tokenised financial instruments
Question
Is partial tokenisation allowed under the DLTPR? Does the DLTPR apply to situations where not the entirety of an issuance of financial instruments is tokenised, but where, for example, only part of an issuance is registered with a DLT SS/TSS? In other terms, can financial instruments which have been regularly issued and subsequently partially tokenised be registered with a traditional CSD in their entirety, and be partially registered with a DLT SS/TSS for the tokenised portion?

Can the tokenised part be issued by another party than the issuer of the original financial instruments?

Can a financial instrument recorded in a traditional CSD be fungible with one recorded in a DLT SS/TSS (having both the same rights and obligations)?

For bonds, can one option be to consider the tokenised financial instrument as different from the original underlying financial instrument, similar to the “depositary receipts” model, in accordance with Article 3(1), point (b), of the DLT Pilot Regulation?
Level 1 Regulation
Regulation (EU) 2022/858 - DLT Pilot Regime Regulation (DLTR)
ESMA_QA_1272
Topic
Exemptions for DLT market infrastructures
02/06/2023
Subject Matter
Exemption from CSDR
Question
Are DLT SS or DLT TSS and their participants exempted from the provisions of Article 9 of CSDR on internalised settlement regarding transactions settled on a DLT SS or a DLT TSS duly authorised under DLTR?
Level 1 Regulation
Regulation (EU) 2022/858 - DLT Pilot Regime Regulation (DLTR)