ESMA · ESMA_QA_1669 Answer Published
LEI of the issuer
- Regulation
- Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- MDP
- Topic
- ESMA70-1861941480-56 Questions and Answers on MiFIR reporting
- Submitted
- 2016-12-20
- Answered
- 2016-12-20
Question
What action should be taken by the operator of the trading venue or the systematic internaliser in the cases where the LEI of the issuer cannot be obtained?
Answer
[ESMA 70-1861941480-56 MiFIR data reporting Q&A, Q&A 2.1] Operators of trading venues and systematic internalisers are advised to inform the issuers pertaining to the financial instruments concerned of their obligation to obtain the LEI of the issuer of every financial instrument in order to comply with the requirements under Article 3(2) of the MiFIR RTS, Article 1 of the MAR RTS [1] and Article 2 of the MAR ITS [2] . Trading venues and systematic internalisers are advised that the GLEIF has introduced the concept of ‘Registration Agent’. This facility will enable trading venues and systematic internalisers to assist the issuer applying for the LEI to access the network of LEI issuing organisations [3] . For more information on the ‘Registration Agent’ arrangements please refer to the following link https://www.gleif.org/en/lei-focus/how-to-get-an-lei-find-lei-issuing-organizations/registration-agents . [1] Commission Delegated Regulation (EU) 2016/909 of 1 March 2016 supplementing Regulation (EU) No 596/2014 of the European Parliament and of the Council with regard to regulatory technical standards for the content of notifications to be submitted to competent authorities and the compilation, publication and maintenance of the list of notifications [2] Commission Implementing Regulation (EU) 2016/378 of 11 March 2016 laying down implementing technical standards with regard to the timing, format and template of the submission of notifications to competent authorities according to Regulation (EU) No 596/2014 of the European Parliament and of the Council [3] The list of LEI issuing organisations can be found at this link: https://www.gleif.org/en/lei-focus/how-to-get-an-lei-find-lei-issuing-organizations
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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