Original question
Original language
Yes. Article 9(1) of CSDR provides that settlement internalisers shall report to the competent authorities of their place of establishment on a quarterly basis the aggregated volume and value of all securities transactions that they settle outside securities settlement systems. Article 2(1), point (11) of CSDR defines settlement internalisers as any institution which executes transfer orders on behalf of clients or on its own account other than through a securities settlement system. Point (9) of this same Article defines transfer orders by referring to the second indent of point (i) of Article 2 of Directive 98/26/EC on settlement finality in payment and securities settlement systems (SFD). Point (i) of Article 2 of SFD clarifies that an instruction by a participant to transfer the title to, or interest in, a security or securities by means of a book entry on a register, or otherwise, is a transfer order. Consequently, any change in the beneficial ownership on a client account that entails a transfer of the title to, or interest in, a security or securities should be reported under Article 9 of CSDR when effected outside a securities settlement systems.
Disclaimer in relation to the answers provided by the European Commission in accordance with Article 16b(5) of the ESMA Regulation: The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.