ESMA_QA_1669
Status: ✅ Answer Published
Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1669
Regulatory Context
Regulation : MIF2
Level 1 Regulation: Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- MDP
Level 2 Regulation: No information available
Level 3 Regulation: No information available
Topic: ESMA70-1861941480-56 Questions and Answers on MiFIR reporting
Subject Matter: LEI of the issuer
Question
Submission Date: 20 December 2016
What action should be taken by the operator of the trading venue or the systematic internaliser in the cases where the LEI of the issuer cannot be obtained?
ESMA Answer
Answer Date: 20-12-2016
[ESMA 70-1861941480-56 MiFIR data reporting Q&A, Q&A 2.1] Operators of trading venues and systematic internalisers are advised to inform the issuers pertaining to the financial instruments concerned of their obligation to obtain the LEI of the issuer of every financial instrument in order to comply with the requirements under Article 3(2) of the MiFIR RTS, Article 1 of the MAR RTS[1] and Article 2 of the MAR ITS[2]. Trading venues and systematic internalisers are advised that the GLEIF has introduced the concept of ‘Registration Agent’. This facility will enable trading venues and systematic internalisers to assist the issuer applying for the LEI to access the network of LEI issuing organisations[3]. For more information on the ‘Registration Agent’ arrangements please refer to the following link https://www.gleif.org/en/lei-focus/how-to-get-an-lei-find-lei-issuing-organizations/registration-agents.
[1] Commission Delegated Regulation (EU) 2016/909 of 1 March 2016 supplementing Regulation (EU) No 596/2014 of the European Parliament and of the Council with regard to regulatory technical standards for the content of notifications to be submitted to competent authorities and the compilation, publication and maintenance of the list of notifications
[2] Commission Implementing Regulation (EU) 2016/378 of 11 March 2016 laying down implementing technical standards with regard to the timing, format and template of the submission of notifications to competent authorities according to Regulation (EU) No 596/2014 of the European Parliament and of the Council
[3] The list of LEI issuing organisations can be found at this link: https://www.gleif.org/en/lei-focus/how-to-get-an-lei-find-lei-issuing-organizations
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