in force 2024-03-28 INSERTED+1,177 −0§
Amended by Regulation (EU) 2024/791 32024R0791
applies from: unknown (an inserted provision states its own application date only in prose)
A new Article 21a establishes a status of designated publishing entity, which competent authorities grant to investment firms for specific classes of financial instrument upon request, with the competent authority communicating such requests to ESMA.
It sets out which party is responsible for making a transaction public through an APA depending on whether one, both, or neither party holds this designated publishing entity status.
It also directs ESMA to establish and regularly update a public register of designated publishing entities, identifying them and the instrument classes for which they hold that status.
Cited: Art. 21a, v2
text before / after
inserted text (02014R0600-20240328)
Article 21a Designated publishing entities 1. Competent authorities shall grant investment firms the status of designated publishing entity for specific classes of financial instrument, upon the request of those investment firms. The competent authority shall communicate such requests to ESMA. 2. Where only one party to a transaction is a designated publishing entity pursuant to paragraph 1 of this Article, that party shall be responsible for making transactions public through an APA in accordance with Article 20(1) or Article 21(1). 3. Where neither of the parties to a transaction, or both of the parties to a transaction, are designated publishing entities pursuant to paragraph 1 of this Article, only the entity that sells the financial instrument concerned shall be responsible for making the transaction public through an APA in accordance with Article 20(1) or Article 21(1). 4. ESMA shall by 29 September 2024 establish and shall regularly update a register of all designated publishing entities, specifying their identity and the classes of financial instrument for which they are designated publishing entities. ESMA shall publish that register on its website.