ESMA_QA_1514
Topic
Third country issues
05/09/2022
Subject Matter
Third country issues - Transparency
Question
Are transactions executed between a branch and its head office subject to transparency requirements?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets
ESMA_QA_595
Topic
CRA Regulation
02/09/2022
Subject Matter
Article 8(5) – Conduct of Annual and Semi-Annual Review of Credit Ratings (ESMA33-5-87 Q&A 8 bis)
Question
What steps should a CRA take in order to ensure a sufficient level of quality and transparency in the periodic review of credit ratings conducted in accordance with Article 8(5)?
Level 1 Regulation
Credit Rating Agencies Regulation (CRAR) Regulation (EC) No 1060/2009
ESMA_QA_593
Topic
Transparency
02/09/2022
Subject Matter
Trading book exemption
Question
Is it possible for third country credit institutions and investment firms to apply the trading book exemption set out in Article 9(6) of the Transparency Directive 2004/109/EC (TD) or is the application of this exemption limited only to EU credit institutions and investment firms?
Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC
ESMA_QA_587
Topic
Publication of prospectus
24/08/2022
Subject Matter
securities bought by a joint account (See ESMA_QA_835)
Question
Art. 1. 4. (d) of the prospectus regulation states that "The obligation to publish a prospectus set out in Article 3(1) shall
not apply to any of the following types of offers of securities to the
public: ...(d) an offer of securities addressed to investors who acquire securities for a total consideration of at least EUR 100 000 per investor, for each separate offer;"
Question: may the purchase of securities by a joint account be considered as "one investor"? Let us assume that, in the context of an offer, a purchase for EUR 100,000 is executed for a joint account held by husband and wife. In such case, is the above mentioned condition of "at least EUR 100 000 per investor" still complied with? (See ESMA_QA_835)
Level 1 Regulation
Prospectus Regulation 2017/1129
ESMA_QA_1223
Topic
Settlement discipline - Other topics
03/08/2022
Subject Matter
Bilateral cancellation facility
Question
(a) According to Article 7 of the RTS on settlement discipline, CSDs shall set up a bilateral cancellation facility that enables participants to bilaterally cancel matched settlement instructions that form part of the same transaction. Can this cancellation facility be contractually waived by the participants, e.g. for settlement instructions already matched by a trading venue (and subject to multilateral settlement) or transactions centrally cleared by a CCP?
(b) Is it possible for matched settlement instructions to be cancelled automatically by the CSD if on settlement date for any reason settlement is not possible (i.e. securities, cash is not available) or does this require bilateral cancellation from the participants submitting the instructions?
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR