ESMA · ESMA_QA_1812 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
2018-03-23
Answered
2018-03-23

Question

For the purpose of Article 62(1) of the MiFID II Delegated Regulation, if the same threshold is exceeded again and again during the same reporting period, should the firm report the fact to the client each time the threshold is exceeded?

Answer

[ESMA 35-43-349 MiFID II Q&As Investor protection Ch. 8, question 12] No, ESMA’s view is that no new information is needed for the purpose of Article 62(1) of the MiFID II Delegated Regulation if no new threshold is exceeded during the same reporting period.    EXAMPLE:  Date  Value of the portfolio  Change in value of the portfolio   Obligation to report (in line with Article 62(1) of the MiFID II Delegated Regulation?   3 Jan 2018  100,000 €  -  -  10 Jan 2018  90,000 €  Depreciation of 10%  Obligation to report  25 Jan 2018  92.000 €  Increase of 2%  No obligation to report  27 Jan 2018  89,000 €  Additional depreciation of 3%  No obligation to report

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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