ESMA_QA_1501
04/02/2019
Subject Matter
MiFIR data reporting - LEI of the issuer
    How should operators of trading venue(s) and systematic internaliser(s) populate field 5 (issuer or operator of the trading venue identifier) of Table 3 of the Annex to RTS 23 and related MAR RTS and ITS where the issuer of the instrument has a branch(es) that have a LEI?
    ESMA Answer
    04-02-2019

      [ESMA 70-1861941480-56 MiFIR data reporting Q&A, Q&A 2.5]

      Field 5 should be populated with the LEI of the firm’s head office, even if the branch may be considered eligible for a LEI in some cases[1].


      [1] According to the LEI ROC statement of 11 July 2016, certain branches might be considered as eligible for a LEI subject to the conditions set out in the statement. The LEI ROC statement should be consulted for further details (http://www.leiroc.org/publications/gls/roc_20160711-1.pdf). In line with section 5.5 of the ESMA Guidelines on transaction reporting, “a branch should be identified with the LEI of its head office, even if it may be considered eligible for a LEI in some cases”. ESMA Guidelines are available at this link: https://www.esma.europa.eu/sites/default/files/library/2016-1452_guidelines_mifid_ii_transaction_reporting.pdf.

      Status: Answer Published

      Additional Information

      Level 1 Regulation
      Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- MDP
      Topic
      * LEI (Legal Entity Identifier)