New Q&As available
The European Securities and Markets Authority (ESMA) has released a set of Questions and Answers regarding new financial regulations. These clarifications address the EU ESG Ratings Regulation (ESGRR) and its implications for consulting activities and notification periods. Specifically, the ESGRR guidance covers the separation of business lines for consultants and the application of the two-working-day notification rule. It also details the scope of this rule, access to data for error review, and notifications without a designated contact. Furthermore, the ESGRR addresses the obligation to consider issuer feedback and the use of ESG ratings for internal or in-house purposes. Exemptions for Special Purpose Opinion (SPO) providers under ESGRR are also clarified.In addition, ESMA provided guidance on the Markets in Crypto-Assets Regulation (MiCA). This includes details on authorized Crypto-Asset Service Providers (CASPs) offering custody and administration services for newly issued crypto-assets. The MiCA guidance also compares its scope of advice to MiFID II and clarifies crypto-asset lending services. Finally, ESMA offered clarifications on the Markets in Financial Instruments Regulation (MiFIR) concerning the secondary markets. This relates to aspects of the Consolidated Tape Provider's opt-in regime and the timestamping of orders.