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ESMA_QA_1181
Topic
Disclosures
01/07/2012
Subject Matter
Notification of UCITS and UCITS management companies; exchange of information between competent authorities
Question
If the UCITS attestation transmitted to the competent authority of the home Member State lists all the existing investment compartments of a UCITS, should the UCITS undertake a notification procedure for all the investment compartments it intends to market in a Member State?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_1180
Topic
Disclosures
01/07/2012
Subject Matter
Notification of UCITS and UCITS management companies; exchange of information between competent authorities
Question
Should UCITS that wish to market several investment compartments of the same UCITS undertake different notification procedures via their competent authority?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_1179
Topic
Disclosures
01/07/2012
Subject Matter
Notification of UCITS and UCITS management companies; exchange of information between competent authorities
Question
Should UCITS that wish to market new investment compartments in a Member State where they are already notified for marketing for other existing investment compartments undertake a new notification procedure via their competent authority?
Level 1 Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
ESMA_QA_2031
Topic
Transparency
25/02/2011
Subject Matter
Designation of an agent for the exercise of financial rights; TD Art. 17 and 18
Question
Question a: Articles 17 and 18 of the TD require issuers to ensure that all the facilities and information necessary to enable shareholders / debt securities holders to exercise their rights are available in the home Member State. Each issuer is also required to designate as its agent a financial institution through which shareholders / debt securities holders may exercise their financial rights.
Must the issuer appoint as its agent a financial institution domiciled in the home Member State? Or is it sufficient to appoint a financial institution domiciled in another Member State?

Question b: Before the TD was adopted, similar provisions were included in Articles 65(2)(c) and 78(2)(b) of the Directive 2001/34/EC. However, there was an exemption for issuers providing financial services: “In particular, it [the issuer] must: (...) designate as its agent a financial institution through which holders of debt securities may exercise their financial rights, unless the under-taking itself provides financial services.”
Does the TD require issuers who are financial institutions to appoint as an agent a financial institution other than itself?

Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC
ESMA_QA_2029
Topic
Notifications of major shareholdings
27/10/2009
Subject Matter
Major shareholding notification – acquisition of a shareholder; TD Art. 9(1)
Question
Company A is a major shareholder in an issuer X whose shares are admitted to trading on a regulated market. Company B, which previously does not hold any shares or voting rights in X, ac-quires control in company A. Should B notify its holdings in issuer X even though the holdings of A in issuer X remain the same?
Level 1 Regulation
Transparency Directive (TD) Directive 2004/109/EC