ESMA_QA_1781

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1781

---

Regulatory Context

Regulation : MIFIR

Level 1 Regulation: Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: Record keeping

Subject Matter: Record keeping

---

Question

Submission Date: 10 October 2017

Are securities financing transactions (SFTs) in scope of the MiFID II requirements for order record keeping, as outlined in Article 16(6) of MiFID II and further specified in Section 8 of the MiFID II Delegated Regulation?

---

ESMA Answer

Answer Date: 10-10-2017

[ESMA 35-43-349 MiFID II Q&As on Investor protection, Ch. 4, question 2] Yes. Article 16(6) of MiFID II states that firms “shall arrange for records to be kept of all services, activities and transactions undertaken by it which shall be sufficient to enable the competent authority to fulfil its supervisory tasks and to perform the enforcement actions under this Directive, Regulation (EU) No 600/2014, Directive 2014/57/EU and Regulation (EU) No 596/2014 […]”. Article 16(6) has a general application and does not provide for exclusions of particular types of transactions. SFTs are therefore inside the scope of the MiFID II record keeping requirements.

---

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