ESMA_QA_1025
Topic
Depositaries
20/07/2022
Subject Matter
Depositaries
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
Alternative Investment Fund Managers Directive (AIFMD) Directive 2011/61/EU
ESMA_QA_1024
Topic
Depositaries
20/07/2022
Subject Matter
Depositaries
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
Alternative Investment Fund Managers Directive (AIFMD) Directive 2011/61/EU
ESMA_QA_567
Topic
Securitisation Disclosure Templates
19/07/2022
Subject Matter
Annex IV - CRPL39 & CRPL42 - Delayed Drawn Underlying Exposures
Question
We would like some clarification on the interaction between CRPL39, CRPL42 and CRPL51 for unfunded loans (delayed draw facilities).
Level 1 Regulation
Securitisation Regulation (EU) 2017/2402
ESMA_QA_1491
Topic
Direct Electronic Access and algorithmic trading
15/07/2022
Subject Matter
Direct Electronic Access (DEA) and algorithmic trading - Article 17 of MiFID II and RTS 6 - Third party systems with algorithmic trading functionalities
Question
How should firms ensure compliance with the requirements in Article 17 of MiFID II and RTS 6 when using third party systems which offer algorithmic trading functionalities?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
ESMA_QA_1490
Topic
Direct Electronic Access and algorithmic trading
15/07/2022
Subject Matter
Direct Electronic Access (DEA) and algorithmic trading - Trading functionalities with automated management of orders
Question
Do orders that are executed through trading functionalities which offer automated managing of the order qualify as algorithmic trading?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets