Original question
Original language
[ESMA 35-43-349 MiFID II Q&As on Investor protection Ch. 9, question 16]
When an investment firm holds a financial instrument on its own account before offering it to a client, the price of the financial instrument may change due to market value fluctuations. Based on Article 24(4) MiFID II, any costs and charges that are caused by the occurrence of underlying market risk1 shall not be included in the aggregated information about costs and charges. Hence, the price of a position of the firm as referred to in Recital 79 of the MiFID II Delegated Regulation should be understood as the current (fair market) value of the financial instrument held by the firm when the firm offers the instrument to the client (ex-ante) or when it sells it to the client (ex-post).
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1. Recital 79 of the MiFID II Delegated Regulation provides further clarifications on the concept of underlying market risk.