ESMA · ESMA_QA_1809 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

When reporting to clients information required under Articles 62(1) and 62(2) of the MiFID II Delegated Regulation, can firms agree with clients to assess the depreciation of the overall value of the client’s portfolio, or of leveraged financial instruments or contingent liability transactions included in a client’s account, on a threshold higher than the “10% and thereafter at multiples of 10%”?

Answer

[ESMA 35-43-349 MiFID II Q&As on Investor protection Ch. 8, question 9] No. The requirements set out in Article 62 of the MiFID II Delegated Regulation do not allow firms to agree with clients to assess the depreciation on a threshold higher (e.g. 15%) than that set out in Article 62 of the MiFID II Delegated Regulation.

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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