Skip to main content
Home
  • About ESMA
    • Governance Structure
      • Board of Supervisors
      • Management Board
      • Senior Management
      • Joint Committee
      • CCP Supervisory Committee
      • CCP Resolution Committee
      • Joint Monitoring Mechanism
      • Standing Committees
      • SMSG
      • Board of Appeal
      • Ethics and Conflicts of interest
    • Internal Organisation
      • Strategy and Work Programme
      • Working Methods
      • Diversity, Equity and Inclusion
    • International Cooperation
    • Legal Notice and Data Protection
    • Transparency and Access to Documents
    • Agenda
    • Careers
    • Procurement Opportunities
  • ESMA's Activities
    • Investors and Issuers
      • Benchmark Administrators
      • Credit Rating Agencies
      • ESG Rating Providers
      • External Reviewers of European Green Bonds
      • Fund Management
      • Issuer Disclosure
      • Investment Services and Crowdfunding
    • Markets and Infrastructure
      • Central Counterparties
      • Data Reporting Services Providers
      • Trading
      • Consolidated Tape Providers
      • Post-trading
      • Shortening the settlement cycle to T+1 in the EU
      • Market Integrity
      • Short Selling
      • Central Securities Depositories
      • Securitisation
      • Trade Repositories
    • Risk Analysis
      • Risk Monitoring
      • Topical Analysis
      • Interactive Dashboards
    • Sustainable Finance
      • Climate benchmarks and ESG disclosure
      • CRAs and Sustainability
      • Investment Services and Fund Management
      • Sustainability Reporting
    • Digital Finance and Innovation
      • Digital Operational Resilience Act (DORA)
      • DLT Pilot Regime
      • Markets in Crypto-Assets Regulation (MiCA)
    • Supervision and Convergence
      • Registration with ESMA
      • Investigations and Inspections
      • Supervisory Convergence Tools
      • Sanctions and Enforcement
      • Enforcement Convergence Initiatives
      • Breach of Union Law
    • New supervisory and oversight mandates
    • Data
      • Data Reporting
      • Databases and Registers
      • Data Quality and Use
      • Statistical Information
    • Listing Act
  • News & Publications
    • News
    • Documents
    • Speeches
    • Newsletter
    • Interactive Single Rulebook
    • Guidelines, Recommendations and Technical Standards
    • Peer Reviews
    • Risk Monitoring and Analysis
    • Questions and Answers
  • Investor Corner
    • Is the firm regulated?
    • Get ready to invest
    • Frauds and Scams related to ESMA Logo and ID
    • Publications for Investors
    • Product Intervention
    • Make a complaint
    • Cost of Investment Products
  • Interact With ESMA
    • Media Corner
    • Speaking Requests
    • Stakeholder Engagement
      • Stakeholder Relations
    • Consultations
    • Events
    • Whistleblowers
  • Contact & Help
    • Contact Information
    • FAQs
    • Glossary

Breadcrumb

  1. Home
  2. News and Publications
  3. Interactive Single Rulebook
  4. UCITS
  5. Article 104

Article 104

1.  Articles 102 and 103 shall not prevent a competent authority from transmitting to central banks and other bodies with a similar function in their capacity as monetary authorities information intended for the performance of their tasks, nor shall those articles prevent such authorities or bodies from communicating to the competent authorities such information as they may need for the purposes of Article 102(4). Information received in this context shall be subject to the conditions of professional secrecy imposed in Article 102(1).

2.  Articles 102 and 103 shall not prevent the competent authorities from communicating the information referred to in Article 102(1) to (4) to a clearing house or other similar body recognised under national law for the provision of clearing or settlement services for one of their Member State’s markets if they consider that it is necessary to communicate the information in order to ensure the proper functioning of those bodies in relation to defaults or potential defaults by market participants.

The information received in this context shall be subject to the conditions of professional secrecy imposed in Article 102(1).

Member States shall, however, ensure that information received under Article 102(2) is not disclosed in the circumstances referred to in the first subparagraph of this paragraph without the express consent of the competent authorities which disclosed it.

3.  Notwithstanding Article 102(1) and (4), Member States may, by virtue of provisions laid down by law, authorise the disclosure of certain information to other departments of their central government administrations responsible for legislation on the supervision of UCITS and of undertakings contributing towards their business activity, credit institutions, financial institutions, investment undertakings and insurance undertakings and to inspectors instructed by those departments.

Such disclosures may, however, be made only where necessary for reasons of prudential control.

Member States shall, however, provide that information received under Article 102(2) and (5) is never disclosed in the circumstances referred to in this paragraph except with the express consent of the competent authorities which disclosed the information.

Home
ESMA is an authority of the European Union Home
  • Careers
  • ESMA Documents
  • Contact & Help
  • Media Corner
  • Cookie Policy
  • Data Protection
Social Media