ESMA_QA_960
Topic
Depositaries
01/07/2022
Subject Matter
Reconciliations with tri-party collateral managers
Question
According to Article 89(1)(c) of Commission Delegated Regulation (EU) No 231/2013 as modified by Commission Delegated Regulation (EU) 2018/1618 and Article 13(1)(c) of Commission Delegated Regulation (EU) 2016/438 as modified by Commission Delegated Regulation (EU) 2018/1619 reconciliations are conducted as frequently as necessary between the depositary’s internal accounts and records and those of any third party to whom safekeeping has been delegated. What does this mean in case of use of a tri-party collateral manager, which is not the depositary?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_959
Topic
Depositaries
01/07/2022
Subject Matter
Reconciliation frequency for funds trading on a daily basis
Question
According to Article 89(1)(c) of Commission Delegated Regulation (EU) No 231/2013 as modified by Commission Delegated Regulation (EU) 2018/1618 and Article 13(1)(c) of Commission Delegated Regulation (EU) 2016/438 as modified by Commission Delegated Regulation (EU) 2018/1619 reconciliations are conducted as frequently as necessary between the depositary’s internal accounts and records and those of any third party to whom safekeeping has been delegated. What does this mean for an AIF or UCITS with a weekly dealing frequency which trades on a daily basis?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_854
Topic
Benchmarks Regulation
26/06/2022
Subject Matter
Readily available data
Question
What does “readily available” data according to Article 3(1)(8) of the BMR mean? What is the difference with the other types of input data such as regulated data?
Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011
ESMA_QA_1151
Topic
Market manipulation, including buy-back programmes and stabilisations
23/06/2022
Subject Matter
Scope of the new Article 11(1a) of MAR
Question
Is the scope of Article 11(1a) of MAR limited to the communication of information to the potential investors who negotiate the terms and conditions to subscribe to the bonds or does it encompass the full process of private placement of bonds to qualified investors including the offering of the bonds to potential investors contacted after the terms and conditions have been determined?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_822
Topic
Information to clients on topics other than costs and charges
19/05/2022
Subject Matter
Investor protection and marketing communication
Question
What is the role of Crowdfunding Service Providers (CSPs) in relation to the drawing up and information contained in the KIIS?
Level 1 Regulation
Regulation 2020/1503 - European crowdfunding service providers for business