ESMA · ESMA_QA_1511 Answer Published
Transaction reporting
- Regulation
- Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- MDP
- Topic
- * Transaction reporting
- Submitted
- 2020-09-28
- Answered
- 2020-09-28
Question
Consider a scenario where an Investment Firm A executes a reportable transaction through an execution algorithm provided by another Investment Firm B . a) How should field 59 (Execution within firm) of RTS 22 be reported when Investment Firm A uses the execution algorithm provided by Investment Firm B? b) Would Investment Firm A’s reporting differ if Firm B was not a MiFID II Investment Firm and therefore did not have the obligation to report this transaction under Art. 26 MiFIR? c) Where Investment Firm B is using Investment Firm A’s membership to access the market, is Investment Firm B executing the transaction and does Investment Firm B have to transaction report?
Answer
(a) The reporting obligations are the same as where Investment Firm A decides to send an order for execution to Investment Firm B. Investment Firm A should populate field 59 with the person or algorithm identifier within their firm that is primarily responsible for using Investment Firm B’s algorithm. Investment Firm A shall not populate a code for Investment Firm B’s algo, only its own information. The scenario is: IF A → IF B (algorithm) → CCP (Trading Venue or Investment Firm) Assuming that Investment Firm A is buying an instrument and dealing on own account trading capacity, and Investment Firm B is acting in “any other” trading capacity, the respective reports should be completed as follows: N Field Investment Firm A’s report Investment Firm B’s report 4 Executing entity identification code {LEI} of Investment Firm A {LEI} of Investment Firm B 7 Buyer identification code {LEI} of Investment Firm A {LEI} of Investment Firm A 16 Seller identification code {LEI} of Investment Firm B {LEI} of CCP 29 Trading capacity ‘DEAL’ ‘AOTC’ 59 Execution within firm Natural person’s ID or code of algorithm within Investment Firm A Code for Investment Firm B’s execution algorithm (b) No. Investment Firm A’s reporting is the same as specified in a). (c) Yes. Investment Firm B is conducting the activity of executing a client order according to Art. 3 of RTS 22 [1] . The scenario is: IF A → IF B (algorithm) → IF A (membership) → CCP (Trading Venue) Assuming that both Investment Firm A is buying an instrument and dealing on own account, and the subsequent steps in Investment Firm B and A are in “any other” trading capacity, the respective reports should be completed as follows: N Field IF A’s report 1 IF B’s report IF A’s report 2 4 Executing entity identification code {LEI} of Investment Firm A {LEI} of Investment Firm B {LEI} of Investment Firm A 7 Buyer identification code {LEI} of Investment Firm A {LEI} of Investment Firm A {LEI} of Investment Firm B 16 Seller identification code {LEI} of Investment Firm B {LEI} of Investment Firm A {LEI} of CCP 29 Trading capacity ‘DEAL’ ‘AOTC’ ‘AOTC’ 59 Execution within firm Natural person’s ID or code of algorithm within Investment Firm A Code for Investment Firm B’s execution algorithm ‘NORE’ In order to match Investment Firm B’s reports and reflect its involvement in more than one part of ‘the chain’, Investment Firm A has to submit two reports: one for its trade as a client with Investment Firm B (Report 1). one for its market-side trade with the Central Counterparty or another Investment Firm (Report 2). [1] Commission Delegated Regulation (EU) 2017/590.
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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