ESMA_QA_707
Topic
Cross-border distribution of funds
28/03/2023
Subject Matter
Whether the rules governing pre-marketing, which are set out in Directive (EU) 2019/1160 on cross-border distribution of funds, apply to non-EU AIFMs.
Question
Are non-EU AIFMs allowed to carry out pre-marketing activities pursuant to Article 30a of the AIFMD?
Level 1 Regulation
Alternative Investment Fund Managers Directive (AIFMD) Directive 2011/61/EU
ESMA_QA_778
Topic
DLT financial instruments
27/03/2023
Subject Matter
DLT shares valuation
Question
How should the tentative market capitalisation of DLT shares (referred to in Article 3(1)(a) of DLTR) be calculated?
Level 1 Regulation
Regulation (EU) 2022/858 - DLT Pilot Regime Regulation (DLTR)
ESMA_QA_936
Topic
* LEI (Legal Entity Identifier)
23/03/2023
Subject Matter
Reporting of the Jurisdiction of the issuer
Question
Should the fields 2.53 and 2.92 ‘Jurisdiction of the issuer’ be populated with the country code of the registered office of the issuer or of the country where the head office is located?
Level 1 Regulation
Securities Financing Transactions Regulation (SFTR) Regulation (EU) 2015/2365- MDP
ESMA_QA_1221
Topic
Settlement discipline - Other topics
13/03/2023
Subject Matter
Partial settlement functionality
Question
(a) When should CSDs start offering a partial settlement functionality as per Article 10 of the RTS on Settlement Discipline?

(b) How should field 19 of table 1 of Annex II to the RTS on Settlement discipline be filled in if a CSD has no intention to use the derogation provided for in Article 12 of the RTS on Settlement Discipline?

(c) Should a CSD set up its partial settlement functionality as a proper functionality or could it be an outcome-based feature?
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR
ESMA_QA_698
Topic
EuVECA
10/03/2023
Subject Matter
Investment in another qualifying venture capital fund/qualifying social entrepreneurship fund
Question
(1) According to Article 3(b) and (e)(iv) of Regulation (EU) No 345/2013 (“EuVECA Regulation”), can a EuVECA fund invest in another qualifying venture capital fund (“Fund”) which has not been registered as EuVECA as long as that Fund materially complies with the criteria of the definition of qualifying venture capital funds?
(2) According to Article 3(b) and (e)(iii) of Regulation (EU) No 346/2013 (“EuSEF Regulation”), can a EuSEF fund invest in another qualifying social entrepreneurship fund (“Fund”) which has not been registered as EuSEF as long as that Fund materially complies with the criteria of the definition of qualifying social entrepreneurship fund?
Level 1 Regulation
European Venture Capital Regulation (EuVECA) Regulation (EU) No 345/2013