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ESMA_QA_2607
Topic
Mining
04/02/2025
Subject Matter
Staking on own account
Question
Does the Markets in Crypto-Assets Regulation (MiCA) permit the staking of clients’ crypto-assets by crypto-asset service providers (CASPs) for their own account?
Level 1 Regulation
MiCA
ESMA_QA_2429
Topic
Cross-border distribution of funds
04/02/2025
Subject Matter
Premarketing of units or shares of AIFs
Question
Article 32a, paragraph 3, third sub-paragraph of Directive (EU) 2011/61/EU (as modified by CBDF Directive) states the following: "(…) For a period of 36 months from the date referred to in point (c) of the first subparagraph of paragraph 1, the AIFM shall not engage in pre-marketing of units or shares of the EU AIFs referred to in the notification, or in respect of similar investment strategies or investment ideas, in the Member State identified in the notification referred to in paragraph 2.” How should "similar investment strategies or investment ideas" be interpreted?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_2428
Topic
Register of information
03/02/2025
Subject Matter
Register of Information at sub-consolidated Level
Question
For the purpose of preparing the Register of ICT Supplier Information (RoI) on a sub-consolidated basis, is it necessary to include within the different templates (ref. “B_XX.XX.XXX”) the information pertaining to both the Contractual Agreements that the Entity signs and those that it uses?
Specifically then, the “financial entity maintaining the register of information” is to be considered corresponding to the "entity signing the contractual arrangement" and the "financial entity making use of the ICT service(s)"?
Level 1 Regulation
Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)
ESMA_QA_2418
Topic
EU-CCPs
28/01/2025
Subject Matter
AAR threshold calculation
Question
According to the new article 7a(1) EMIR (as issued by (EU) 2024/2987) the obligation to hold an active account according to the second condition is that a Financial counterparty subject to clearing obligation exceeds the clearing threshold in any of the categories of derivative contracts referred to in paragraph 6 of this Article, in an individual category listed in that paragraph or on aggregate across all categories listed in that paragraph.

Is it only cleared paragraph 6 contracts that should be measured against the clearing threshold according to the second condition? If so, should contracts cleared with EU CCP’s, such as Nasdaq Nordiq or Eurex, or third country markets for which there are equivalence decisions granted, such as Chicago Mecantile Exchange (CME) which is relevant for STIR contracts, be excluded?
Level 1 Regulation
Regulation 648/2012 - OTC derivatives, central counterparties and trade repositories (EMIR) - CCPs
ESMA_QA_2416
Topic
Recording of telephone conversations and electronic communications
27/01/2025
Subject Matter
Scope of the record keeping obligation of telephone conversations and electronic communications
Question
Are electronic communications or telephone conversations limited to the provision of information about different investment alternatives subject to the record keeping obligation under article 16(7) of MiFID II when there is no possibility to enter into a trade during that interaction?
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries