ESA Joint Committee · priips-104 Final

Can non-ETDs use the same treatment as ETDs?

Regulation
PRIIPs
Answered
2017-07-04
Answer provided by
ESAs (EBA, ESMA, EIOPA)
⚠

Joint Committee Q&As are published in consolidated PDF documents without explicit question/answer delimiters. Section boundaries below are identified automatically and may occasionally be imprecise.

Question

Can non-ETDs use the same treatment as ETDs?

Answer

Call options, put options or futures traded on certain trading venues, including MTF may have similar features to those traded on a regulated market, such as high levels of standardisation. However, these products may also differ considerably in terms of risk or reward and costs structure as a result of the characteristics of the trading venue. The use of a pay-off structure graph and an equivalent level of granularity to that described in question 1 of this section [Derivatives] should only be possible for call options, put options or futures that have the same characteristics relevant for the KID, for example in terms of risk and reward, as call options, put options or futures traded on a regulated market. This condition is not considered to be fulfilled unless at least the following conditions are met: - The trading venue has non-discretionary rules; - The definition of the contract is fixed by the trading venue; - The costs of trading are fixed by the trading venue; - The structure of the trading venue allows for an efficient price formation process: this is considered to be facilitated when at least one market maker is available and the quotation rules are as stringent as those in place on a regulated market in term of bid-ask spread, size and presence; - The contract is cleared through a CCP; - The policy the trading venue follows in cases of corporate actions (such as dividend payments, stock splits, etc.) ensures the retail investor will not have a worse outcome as a result of a corporate action than for the same derivative on a regulated market.

This Q&A is published by ESA Joint Committee (EBA, ESMA, EIOPA) and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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