ESMA_QA_2137
                19/03/2024
          Subject Matter
              Non-complex structured deposits
          Original question
If a structured deposit has only one variable affecting the return received on maturity (the agreed term), and has an exit fee that is either a fixed sum, a fixed sum for each month remaining until maturity (the agreed term) or a percentage of the original sum invested, would it still be considered a non-complex financial instrument, in accordance with point (v) of Article 25(4)(a) of MiFID II, if the client is entitled to receive the positive market value of the underlying option, if any, if the client exits prematurely, e.g. in the event of unforeseen liquidity requirement? If the structured deposit is exited prematurely, and not on the agreed upon maturity date, the market value of the underlying option will depend on more than one variable, i.e. the underlying index, the volatility of the index, time to maturity.
      Status: Question Rejected
      
Additional Information
Level 1 Regulation
              Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
          Level 2 Regulation
              Regulation 2017/565 - MiFID II Delegated Regulation
          Level 3 Regulation
              ESMA/2015/1783 - Guidelines - Complex debt instruments and structured deposits (MiFID)
          Topic
              Appropriateness