ESMA_QA_1274
Topic
Position limits
23/09/2022
Subject Matter
Positions with different maturities
Question
Should positions with different maturities for other months’ limits be netted?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
ESMA_QA_1273
Topic
Position limits
23/09/2022
Subject Matter
Position limits - the definition of "a lot"
Question
What is the definition of a lot for the application of Article 57(1) of MiFID II to those commodity derivatives for which a lot, as defined in the contract specification by the trading venue, does not represent a standard quantity of the underlying across all maturities/delivery periods for that commodity derivative?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
ESMA_QA_601
Topic
UCITS eligible assets and investment restrictions
22/09/2022
Subject Matter
Derogation for newly authorized UCITS
Question
Pursuant to Article 57(1) of the UCITS Directive, Member States may allow recently authorised UCITS to derogate from Articles 52 to 55 for six months following the date of authorisation of the UCITS. For a UCITS that is authorised by the relevant regulatory authority and subsequently launches at a later point, can it be inferred that the six-month derogation runs from the moment of launch (i.e. initial investent) rather than from the date of authorisation of the UCITS?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_1148
Topic
Inside information, public disclosure and delayed disclosure of inside information
20/09/2022
Subject Matter
Market analysts’ expectations and the identification of inside information
Question
Is the issuer permitted to take into consideration market analysts’ expectations (consensus), when considering whether an event or items in a financial report or the first financial guidance for a given financial year may constitute inside information?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1147
Topic
Inside information, public disclosure and delayed disclosure of inside information
20/09/2022
Subject Matter
Financial guidance and disclosure of inside information
Question
Should the issuer generally consider the first financial guidance for a given financial year to be inside information in the context of MAR, bearing in mind that such financial guidance forms part of the financial reports prepared under the Transparency Directive and national legislation, which do not require or even anticipate premature disclosure?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity