What ISINs, CFI codes and FISNs can be used to identify financial instruments?

How should operators of trading venue(s) and systematic internaliser(s) populate field 5 (issuer or operator of the trading venue identifier) of Table 3 of the Annex to RTS 23 and related MAR RTS and ITS in case of depository receipts?

In the case of the Overview and Margin reports, how should TRs aggregate positions containing multiple currencies, irrespective of whether those currencies belong to the same or different currency buckets as per Guideline 15 of the “Guidelines on calculation of positions in SFTs by trade repositories”?

Does the major shareholder obligation in Article 9(1) of the Transparency Directive apply to holdings in issuers whose shares are not admitted to trading on an EU regulated market if depository receipts (DRs) in respect of that issuer’s shares are admitted to trading on an EU regulated market?

Legislative background:
We note that one of the amendments to Directive 2004/109/EC (the Transparency Directive) by Directive 2013/50/EU (the Amending Directive) relates to the definition of “issuer”. Recital 18 of the Amending Directive states: “In order to clarify the treatment of non-listed securities represented by depository receipts admitted to trading on a regulated market and in order to avoid transparency gaps, the definition of ‘issuer’ should be further specified to include issuers of non-listed securities represented by depository receipts admitted to trading on a regulated market”. Accordingly, the Amending Directive revised the definition of “issuer” in Article 2(1)(d) of the Transparency Directive as follows: “‘issuer’ means a natural person, or a legal entity governed by private or public law, including a State, whose securities are admitted to trading on a regulated market. In the case of depository receipts admitted to trading on a regulated market, the issuer means the issuer of the securities represented, whether or not those securities are admitted to trading on a regulated market.”

However, Article 9(1) of the Transparency Directive specifically describes the major shareholder notification obligation as applying in respect of “an issuer whose shares are admitted to trading on a regulated market and to which voting rights are attached.” Therefore, if an issuer has shares admitted to trading on a regulated market, the major shareholder notification rules apply to holdings in that issuer. For completeness, we note that the definition of “shareholder” in Article 2(1)(e) of the Transparency Directive makes it clear that a holder of DRs is treated as a holder of the underlying shares represented by the DRs.

Question for clarification:
Whilst the general definition of “issuer” in Article 2(1)(d) of the Transparency Directive includes issuers of non-listed securities represented by DRs admitted to trading on a regulated market, the scope of Article 9(1) is limited to issuers with shares admitted to trading on a regulated market. As a DR is not itself a share, the fact that a DR may be admitted to trading on an EU regulated market does not, in itself, bring the issuer of the underlying shares represented by the DRs within the scope of Article 9(1) of the Transparency Directive. Our reading of Article 9(1) is that the major shareholder notification rules are not intended to apply to holdings in an issuer whose shares are not admitted to trading on a regulated market, even if DRs in respect of that issuer’s shares are admitted to trading on a regulated market. Please could you confirm this understanding?

Considering the homogeneity factor in a transaction is "jurisdiction", is it allowed under article 2(4)(b) on the RTS on Homogeneity to view obligors that are branches of a legal entity in a Rome I Country* (e.g., a Dutch branch of an Italian entity) as an obligor with residence in the same jurisdiction as, for example, a legal entity in that jurisdiction (e.g. a Dutch private limited company (besloten vennootschap))?

* Any member state to which the Regulation (EC) No 593/2008 of the European Parliament and of the council of 17 June 2008 on the law applicable to contractual obligations (Rome I) applies.