ESMA_QA_1461
Topic
* EMIR Reporting
11/07/2023
Subject Matter
EMIR Q&As on Reporting of Corrections of Transactions with no Event Date
Question
Paragraph 558 of the Guidelines (p.289) clarifies that ‘TRs should update the TSR based on the latest information for a given derivative as derived from the field ‘Event date’. Use case 4 in the Guidelines (p. 291) further illustrates that in the case of late reporting of historic events, the relevant information should be updated in the TR’s database only until the Event date of the subsequent event to avoid overwriting the information from more recent reports.

In this context, how should counterparties report historic corrections on outstanding derivatives that were not yet upgraded after EMIR Refit go-live (and thus no Event Date was previously reported for those derivatives)? How should trade repositories consider the sequencing of submissions to determine the validity of historic corrections?
Level 1 Regulation
European Market Infrastructure Regulation (EMIR) Regulation (EU) No 648/2012- MDP
ESMA_QA_1459
Topic
CRA Regulation
10/07/2023
Subject Matter
Article 8(7) – Error Reporting (ESMA33-5-87 Q&A 8)
Question
(a) What types of errors should be reported to ESMA and all affected rated entities?
(b) Does Article 8(7)(a) require a CRA to notify ESMA and all affected rated entities of an error which does not lead to a change in any issued credit rating?
(c) Are CRAs allowed to notify the errors in rating methodologies to the affected entities in the press release or credit report published after the re-rating exercise?
Level 1 Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009
ESMA_QA_1370
Topic
Pre-trade transparency waivers
05/07/2023
Subject Matter
Q&A on cross orders in non-equity instruments below LIS
Question
Is it possible to execute cross orders in liquid non-equity instruments below the large in scale (LIS) thresholds on a trading venue?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets
ESMA_QA_1130
Topic
Information to clients on topics other than costs and charges
14/06/2023
Subject Matter
MiFID practices for firms selling financial instruments subject to the BRRD resolution regime
Question
What information must firms collect from clients in order to comply with Article 44a(1) and 44a(2) of BRRD 2?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
ESMA_QA_1097
Topic
AIFMD scope
13/06/2023
Subject Matter
Scope of activities that a management company may carry out in a host Member State
Question
When a management company intends to pursue the activities for which it has been authorised in a host Member State, either directly or through a branch, may that management company passport in that host Member State only the administration or marketing functions referred to in Annex II of the UCITS Directive, without also passporting investment management functions?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC