Related provisions for LR 20.1.1
7Schedule to the Recognition Requirements Regulations, Paragraph 9ZB
[Note: This paragraph is relevant to regulated markets only. See REC 2.16A regarding MTFs or OTFs.]
(1) |
The rules of the [UK RIE] must ensure that all - |
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(a) |
[financial instruments] admitted to trading on a [regulated market] operated by it are capable of being traded in a fair, orderly and efficient manner; |
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(b) |
[transferable securities] admitted to trading on a [regulated market] operated by it are freely negotiable; and |
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(c) |
contracts for derivatives admitted to trading on a [regulated market] operated by it are designed so as to allow for their orderly pricing as well as for the existence of effective settlement conditions. |
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[Note:MiFID RTS 17 specifies further conditions for financial instruments to be admitted to trading on regulated markets] |
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(2) |
The rules of the [UK RIE] must provide that where the [UK RIE], without obtaining the consent of the issuer, admits to trading on a regulated market operated by it a transferable security which has been admitted to trading on another regulated market, the [UK RIE] - |
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(a) |
must inform the issuer of that security as soon as is reasonably practicable; and |
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(b) |
may not require the issuer of that security to demonstrate compliance with the disclosure obligations. |
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(3) |
The [UK RIE] must maintain effective arrangements to verify that issuers of transferable securities admitted to trading on a regulated market operated by it comply with the disclosure obligations. |
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(4) |
The [UK RIE] must maintain arrangements to assist members of or participants in a regulated market operated by it to obtain access to information made public under the disclosure obligations. |
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(5) |
The [UK RIE] must maintain arrangements to regularly review regularly whether financial instruments admitted to trading on a regulated market operated by it comply with the admission requirements for those instruments. |
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[Note: see MiFID RTS 17] |
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(6) |
In this paragraph - |
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“the disclosure obligations” are the initial ongoing and ad hoc disclosure requirements contained in- |
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(a) |
Articles 17, 18 and 19 of the market abuse regulation; |
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(b) |
those provisions of Part 6 of the Act and Part 6 rules (within the meaning of section 73A of the Act) which were relied on by the United Kingdom before IP completion day to implement—8 |
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(i) |
Articles 3, 5, 7, 8, 14 and 16 of Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectuses to be published when securities are offered to the public or admitted to trading;8 |
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(ii) |
Articles 4 to 6, 14 and 16 to 19 of Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 relating to the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market;8 |
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as they have effect on IP completion day in the case of Part 6 rules;8 |
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(c) |
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(d) |
any subordinate legislation (within the meaning of the Interpretation Act 1978) made under any of the provisions mentioned in paragraphs (a), (b)(i) and (b)(ii) on or after IP completion day.8 |
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Information to be provided in the UCITS half-yearly and annual reports and the AIF’s annual report |
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Global data: |
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The amount of securities and commodities on loan as a proportion of total lendable assets defined as excluding cash and cash equivalents; |
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The amount of assets engaged in each type of SFTs and total return swaps expressed as an absolute amount (in the collective investment undertaking’s currency) and as a proportion of the collective investment undertaking’s assets under management (AUM). |
Concentration data: |
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Ten largest collateral issuers across all SFTs and total return swaps (break down of volumes of the collateral securities and commodities received per issuer’s name); |
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Top 10 counterparties of each type of SFTs and total return swaps separately (Name of counterparty and gross volume of outstanding transactions). |
Aggregate transaction data for each type of SFTs and total return swaps separately to be broken down according to the below categories: |
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Type and quality of collateral; |
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Maturity tenor of the collateral broken down in the following maturity buckets: less than one day, one day to one week, one week to one month, one to three months, three months to one year, above one year, open maturity; |
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Currency of the collateral; |
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Maturity tenor of the SFTs and total return swaps broken down in the following maturity buckets: less than one day, one day to one week, one week to one month, one to three months, three months to one year, above one year, open transactions; |
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Country in which the counterparties are established; |
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Settlement and clearing (e.g., tri-party, Central Counterparty, bilateral). |
Data on reuse of collateral: |
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Share of collateral received that is reused, compared to the maximum amount specified in the prospectus or in the disclosure to investors; |
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Cash collateral reinvestment returns to the collective investment undertaking. |
Safekeeping of collateral received by the collective investment undertaking as part of SFTs and total return swaps: |
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Number and names of custodians and the amount of collateral assets safe-kept by each of the custodians |
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Safekeeping of collateral granted by the collective investment undertaking as part of SFTs and total return swaps: |
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The proportion of collateral held in segregated accounts or in pooled accounts, or in any other accounts |
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Data on return and cost for each type of SFTs and total return swaps broken down between the collective investment undertaking, the manager of the collective investment undertaking and third parties (e.g. agent lender) in absolute terms and as a percentage of overall returns generated by that type of SFTs and total return swaps |
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[Note: section A of the annex to the Securities Financing Transactions Regulation and article 3 for relevant definitions] |