ESMA_QA_789

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/789


Regulatory Context

Regulation : PILOT

Level 1 Regulation: Regulation (EU) 2022/858 - DLT Pilot Regime Regulation (DLTR)

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: DLT financial instruments

Subject Matter: Financial Instruments Reference Data


Question

Submission Date: 03 February 2023

How should Field 5 of RTS 23 “Issuer or operator of the trading venue identifier” be populated for DLT financial instruments within Article 3(1)(a) and (b) DLTR that are exclusively created on the DLT and do not represent a previously issued financial instrument?


ESMA Answer

Answer Date: 03-02-2023

As for the case of non-DLT shares, bonds and other forms of securitised debt, including depositary receipts, Field 5 should be populated with the LEI of the legal entity which issues or proposes to issue the financial instrument within the meaning of the Prospectus Regulation[1] and, in case of depositary receipts, the entity which issues the debt instrument represented in line with MAR Article 3(1)(21). [DLT Financial Instruments Reference Data Q&A 4]  

[1] Article 2(h) of Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC. Text with EEA relevance.


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