ESMA · ESMA_QA_1808 Answer Published

Post-sale reporting

Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
Topic
Reporting to clients
Submitted
2017-10-03
Answered
2017-10-03

Question

Article 62(2) of the MiFID II Delegated Regulation states “…Reporting under this paragraph should be on an instrument-by-instrument basis, unless otherwise agreed with the client…What kind of flexibility could be allowed by such an agreement with clients?

Answer

[ESMA 35-43-349 MiFID II Q&As on Investor protection Ch. 8, question 8] Under Article 62(2) the MiFID II Delegated Regulation, investment firms should have the possibility to agree with their clients on the possibility to assess the 10 % depreciation on a aggregated basis, for example:  on the overall value of the portfolio, as required under Article 62(1) the MiFID II Delegated Regulation;  on the global value of all leveraged financial instruments or contingent liability transactions in the client’s portfolio.  In any case, the client should give his/her express consent to assess the 10% depreciation on an aggregated basis and the client should have the capacity to terminate it at any time.

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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