ESMA · ESMA_QA_1724 Answer Published

Delayed disclosure of inside information under Article 17(5) of MAR: NCA’s denial of consent

Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
Topic
Inside information, public disclosure and delayed disclosure of inside information
Submitted
2018-10-01
Answered
2018-10-01

Question

Where the NCA does not consent to the delay of disclosure under Article 17(5) of MAR, can a credit/financial institution resort to Article 17(4) of MAR?

Answer

[ESMA70-145-111 MAR Q&A, Q&A 5.5] No. Where the relevant conditions are not met, the NCA cannot consent to the delay under Article 17(5) of MAR and, according to Article 17(6) of MAR, the credit/financial institution will have to disclose the inside information immediately. In that case, credit/financial institutions will not be able to resort to the delay of disclosure under Article 17(4) of MAR.

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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