Article 62(2) of the MiFID II Delegated Regulation states “...Reporting under this paragraph should be on an instrument-by-instrument basis, unless other wise agreed with the client...What kind of flexibility could be allowed by such an agreement with clients?

Answer 8

Under Article 62(2) the MiFID II Delegated Regulation, investment firms should have the possibility to agree with their clients on the possibility to assess the 10 % depreciation on a aggregated basis, for example:

- on the overall value of the portfolio, as required under Article 62(1) the MiFID II Delegated Regulation;

- on the global value of all leveraged financial instruments or contingent liability transactions in the client’s portfolio.

In any case, the client should give his/her express consent to assess the 10% depreciation on an aggregated basis and the client should have the capacity to terminate it at any time.