ESMA Clarifies MiFID II Trading Suspension, Reporting and Notice Obligations Which Could Affect Hedge Funds

The European Securities and Markets Authority has published draft implementing technical standards (ITS) required under the recast Markets and Financial Instruments Directive (MiFID II) and seeks public comments on them.  The three draft ITS address procedures for suspending or removing financial instruments from trading venues (or lifting a suspension); reporting by data reporting services providers; and aggregated position reporting for commodity derivatives, emission allowances and related derivatives.  The procedures are relevant to hedge fund managers trading in securities affected by these obligations.  This article examines the background to each group of ITS and sets out the key propositions contained therein.  For more on MiFID II, see, “ESMA Releases Final Report on MiFID II Technical Standards for Hedge Fund Management Firms,” Hedge Fund Law Report, Vol. 8, No. 28 (Jul. 16, 2015); and “MiFID II Expands MiFID I and Imposes Reporting Requirements on Asset Managers, Including Non-E.U. Asset Managers,” Hedge Fund Law Report, Vol. 8, No. 21 (May 28, 2015).  For another recent proposal, see “ESMA Recommends Extension of the AIFMD Passport for Hedge Fund Managers and Funds in Certain Non-E.U. Jurisdictions,” Hedge Fund Law Report, Vol. 8, No. 31 (Aug. 6, 2015).

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