ESMA_QA_607
Topic
Suitability
25/10/2022
Subject Matter
Suitability
Question
Per article 54(3) in Delegated Regulation, for Investment Services offered to a professional client you are entitled to assume client has the necessary level of knowledge and experience. However per article 54(6), knowledge and experience is required from the natural person representing the legal entity on the Suitability Questionnaire. Isn't that contradicting as the professional clients per Annex II of MiFID II Directive are legal entities and is interpreted that 54(3) is never applicable and all parts of Suitability Questionnaire in one way or another need to be completed?
Level 1 Regulation
Directive 2014/65/EU - Markets in Financial Instruments Directive (MiFID II)
ESMA_QA_273
Topic
Securitisation
16/06/2021
Subject Matter
Clarification of securitisation characteristics
Question
The "securitisation" is defined as a transaction having several characteristics one of which refers to characteristics listed in Article 147(8) of Regulation (EU) 575/2013.
In 147(8) Regulation (EU) 575/2013 one of the characteristics, namely (b) specifies that "the contractual arrangements give the lender a substantial degree of control over the assets and the income that they generate". Please clarify what is meant by "substantial degree of control over the assets and the income"? Are there any further explanations or clarifications on this matter or is there any practical experience available which could help to set clear criteria of what could be treated as "substantial degree of control" and what could not.
Thank you
Level 1 Regulation
Securitisation Regulation (EU) 2017/2402