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ESMA_QA_2533
Topic
Non-equity transparency
24/04/2025
Subject Matter
Post-trade deferral regime for bonds, ETCs, ETNs and SFPs under the draft RTS 2 published by ESMA on 16 December 2024
Question
a. Regarding the new post-trade deferral regime categories 3 and 4 for bonds: Which of the following publications (i.e., price-deferred trade, volume-deferred trade or both) will be required to contain the flags ‘LLF3’ and ‘LIF4’? (Please see Draft RTS 2, paragraph 78 on page 29 and Annex II, Table III on page 160).

b. Regarding the new post-trade deferral regime for ETCs, ETNs and SFPs: Which of the following publications (i.e., price-deferred trade, volume-deferred trade or both) will be required to contain the flag ‘DEFF’? (Please see Draft RTS 2, Annex II, Table III on page 161).
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets
ESMA_QA_2522
Topic
Initial Public Offer/IPO
07/04/2025
Subject Matter
New exemptions for fungible securities in Prospectus Regulation.
Question
What are the requirements for the statement of continuous compliance with reporting and disclosure obligations under IV. in Annex IX to the Prospectus Regulation? More specifically, (i) is it possible to add any disclaimers to this statement, (ii) when is an issuer considered to have ‘continuous compliance’, (iii) to which time period should the statement pertain (i.e. does the statement need to cover the entire period that the issuer’s securities have been admitted to trading) and (iv) are issuers allowed to use an ‘exempted document’ drawn up using Annex IX if this statement is not ‘clean’?
Level 1 Regulation
Prospectus Regulation 2017/1129
ESMA_QA_2521
Topic
Initial Public Offer/IPO
07/04/2025
Subject Matter
New exemptions for fungible securities in Prospectus Regulation.
Question
Does the exemption in Article 1(5)(ba) PR concern all exchange offers or only exchange offers falling within the scope of the Takeover Directive?
Level 1 Regulation
Prospectus Regulation 2017/1129
ESMA_QA_2520
Topic
Public offer
07/04/2025
Subject Matter
New exemptions for fungible securities in Prospectus Regulation.
Question
When applying the exemptions in Article 1(4)(da) and (db) as well as Article 1(5)(ba), when is an issuer considered to be subject to a restructuring or to insolvency proceedings?
Level 1 Regulation
Prospectus Regulation 2017/1129
ESMA_QA_2519
Topic
EU-CCPs
04/04/2025
Subject Matter
Active Account Requirement
Question
Could non-EU entities, which are subject to the clearing obligation, be subject to the active account requirement?
Level 1 Regulation
Regulation 648/2012 - OTC derivatives, central counterparties and trade repositories (EMIR) - CCPs