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Benchmarks Regulation | updated ESMA Q&A

Tuesday, 8th December 2020
Benchmarks Regulation | updated ESMA Q&A

ESMA updated its Questions and Answers on the European Benchmarks Regulation (BMR) in respect of the use of critical benchmarks by supervised entities where the index provider has not been granted, or has been refused, authorisation. A critical benchmark existing on or before 10 December 2019, including its updates and modifications, can be used by supervised entities - even if the critical benchmark is transferred to a new index provider after 10 December 2019 - until 31 December 2021. In order for this benchmark to continue to be used after 31 December 2021, its index provider has to apply for an authorisation before 31 December 2021. If the authorisation however, is refused before the 31 December 2021, then the relevant critical benchmark can no longer be used.

  • Picture of Nollaig Greene
    Nollaig Greene
    Senior Knowledge Lawyer, Asset Management & Investment Funds
    Nollaig Greene is an Associate and a Knowledge Lawyer specialising in asset management & investment funds law. Nollaig has worked within the Corporate Department since joining the firm in 1987. She has worked with the Asset Management & Investment Funds team since 1998.
  • Picture of Ann Shiels
    Ann Shiels
    Knowledge Lawyer, Asset Management & Investment Funds
    Ann Shiels is an Associate and Knowledge Lawyer in the Asset Management & Investment Funds team. Ann has over 20 years’ experience in the investment funds industry. She has worked in house as an Irish custodian and administrator, in practice in Jersey, Channel Islands and has been an associate in the Asset Management & Investment Funds team since 2008.