ESMA_QA_2807
Topic
Scope (including exemptions)
18/03/2026
Subject Matter
Exemption for SPO providers
Question
Can a second-party opinion provider producing and using an ESG rating for its second-party opinion, without publishing or distributing it on a standalone basis, benefit from the exemption set out in Article 2(2)(i) of Regulation (EU) 2024/3005?  
Level 1 Regulation
ESGR - Regulation (EU) 2024/3005
ESMA_QA_2806
Topic
Scope (including exemptions)
18/03/2026
Subject Matter
Exemption for ESG ratings issued by regulated financial undertakings for internal purposes or in-house/intragroup services
Question
What types of activities are considered “internal purposes” or “in-house” or “intragroup financial services or products” for the purposes of Article 2(2)(b)?
Level 1 Regulation
ESGR - Regulation (EU) 2024/3005
ESMA_QA_2785
Topic
Safeguarding of client assets
23/02/2026
Subject Matter
Interests earned from client funds deposited at a credit institution?
Question
Does MiFID II permit investment firms to earn interest on client funds deposited in a savings account at a credit institution?
Level 1 Regulation
Directive 2014/65/EU - Markets in Financial Instruments Directive (MiFID II)
ESMA_QA_2769
Topic
Market abuse in crypto-asset market
12/02/2026
Subject Matter
Personal scope of persons professionally arranging or executing transactions under MiCA
Question
What entities should be considered as Persons Professionally Arranging or Executing Transactions (PPAETs) for the obligation to prevent, detect and report market abuse or attempted market abuse under Article 92(1) of MiCA?
Level 1 Regulation
MiCA
ESMA_QA_2754
Topic
Notifications of major shareholdings
22/01/2026
Subject Matter
Major holdings notification – definition of indirect holding
Question
The question refers to the interpretation of the meaning of indirect holdings of other financial instruments (Article 13) for the purpose of aggregated notification (Article 13a).
National Competent Authorities request that the European Commission clarify the meaning of ‘indirect holding’ in the context of financial instruments other than shares (i.e., securities providing voting rights).
The TD explicitly specifies, under Article 10, the different cases of indirect holdings of voting rights that are subject to notification.
In the case of financial instruments not granting voting rights (Article 13 and its reference in Article 13a) there is, however, no explicit definition of those cases of indirect holdings; and no explicit link to Article 10.
National Competent Authorities have raised questions about the precise definition of indirect holdings in this context—specifically, whether a full “look‑through” approach must always be applied, or whether the limitation to the look‑through approach set out in paragraph 10(e) also applies to financial instruments. In particular, it is unclear whether financial instruments held by a third party in its own name but on behalf of the person or entity concerned—such as those described in paragraph 10(g)—should be excluded.
Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC