ESMA_QA_1712

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1712

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Regulatory Context

Regulation : MIFIR

Level 1 Regulation: Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- MDP

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: * Transaction reporting

Subject Matter: Transaction reporting

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Question

Submission Date: 14 December 2017

Are transactions executed through non-EU branches of EU investment firms subject to transaction reporting under Article 26 of MiFIR?

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ESMA Answer

Answer Date: 14-12-2017

[ESMA 70-1861941480-56 MiFIR data reporting Q&A, Q&A 24.12] Yes, transactions executed through non-EU branches of EU investment firms are subject to transaction reporting under Article 26 of MiFIR since a branch has no legal personality and is part of the investment firm according to Article 4(1)(30) of MIFID II. This requirement applies to transactions executed in financial instruments specified in Article 26(2) of MiFIR. The transaction reports should be sent to the competent authority of the home Member State of the investment firm following Article 14 of the RTS 22 and the branch should be identified with the LEI of its head office even if it may be considered eligible for an LEI in some cases (see first paragraph, point 5.5 of the ESMA Guidelines on Transaction Reporting).

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This document was automatically extracted from the ESMA EMIR Q&A database.