ESMA_QA_1588
03/06/2019
Subject Matter
Quoting obligation for SI in non-TOTV instruments
    Are systematic internalisers in non-TOTV instruments subject to the quoting obligations under Articles 14-17a of MiFIR?
    ESMA Answer
    16-10-2024

      The scope of the quoting obligations under Articles 14-17a of MiFIR is limited to TOTV instruments. In consequence, systematic internalisers in non-TOTV instruments are not subject to the quoting obligations under Articles 14-17a of MiFIR. They remain however required to notify their competent authority as prescribed under the second subparagraph of Article 15(1) of MiFIR.

      It is possible that the TOTV status of a financial instrument changes over time, in particular a non-TOTV instrument may become TOTV at some point. ESMA expects systematic internalisers in non-TOTV instruments to monitor the TOTV status of those instruments and comply with the quoting obligations under Articles 14-17a of MiFIR as soon as an instrument becomes TOTV.

      03-06-2019

        [ESMA 70-872942901-35 MiFIR transparency Q&A, Q&A 7.11b]

        The scope of the quoting obligations under Articles 14-1817a of MiFIR is limited to TOTV instruments. In consequence, systematic internalisers in non-TOTV instruments are not subject to the quoting obligations under Articles 14-1817a of MiFIR. They remain however required to notify their competent authority as prescribed under the second subparagraph of Article 15(1) and Article 18(4) of MiFIR.

        It is possible that the TOTV status of a financial instrument changes over time, in particular a non-TOTV instrument may become TOTV at some point. ESMA expects systematic internalisers in non-TOTV instruments to monitor the TOTV status of those instruments and comply with the quoting obligations under Articles 14-1817a of MiFIR as soon as an instrument becomes TOTV.

        Status: Published Answer Updated

        Additional Information

        Level 1 Regulation
        Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- Secondary Markets
        Topic
        Systematic internaliser regime