ESMA · ESMA_QA_1252 Answer Published

Responsibility for information contained in an STS notification

Regulation
Securitisation Regulation (EU) 2017/2402
Topic
STS Notifications
Submitted
2019-05-27
Answered
2019-05-27

Question

Who carries the responsibility for the information contained in the STS notification?

Answer

[ESMA 33-128-563 Securitisation Q&A, Q&A 4.3] ESMA recalls that the information published in the Register derives exclusively from the information notified to ESMA. Therefore, ESMA does not accept any responsibility or liability for the accuracy of the information. ESMA shall not be liable for any loss of business or profits or any direct, indirect or consequential loss or damage resulting from any irregularity or inaccuracy of the information published by ESMA in the Register. Where an originator or a sponsor of a securitisation which is not an ABCP transaction or an ABCP programme submits a notification to ESMA in accordance with Article 27(1) of the Securitisation Regulation (“STS notification”), the originator and sponsor are jointly responsible for the information contained in the STS notification. Where a sponsor of a securitisation which is an ABCP transaction or an ABCP programme submits a notification to ESMA in accordance with Article 27(1) of the Securitisation Regulation (“STS notification”), the sponsor is responsible for the notification of information contained in the STS notification. As set out in Article 27(4) of the Securitisation Regulation, the originator and sponsor shall immediately notify ESMA and inform their competent authority when a securitisation no longer meets the requirements of either Articles 19 to 22 or Articles 23 to 26.

This Q&A is published by European Securities and Markets Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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