The business cases below show the identification of the decision maker for the buyer but the same approach applies to the decision maker for the seller.

As specified in the Table 2 of the Annex I to Commission Delegated Regulation (EU) 2017/590, the buyer decision maker fields (Fields 12-15) are only applicable where the client is the buyer and the investment decision is made under a power of representation. The power of representation refers to a third party or third parties that are external to the client and have been granted authority to take investment decisions on behalf of the client. The third party(ies) may be unrelated to the executing Investment Firm or may be the executing Investment Firm itself. Power of representation can be granted by a client that is a natural person or a legal entity and persons who have been granted authority to act for the client can also be natural persons or legal entities.

 If the third party is the Investment Firm, Field 12 should be populated with the the identity of the Investment Firm rather than any individual decision maker in that Investment Firm (the individual decision maker is covered by Field 57).

This occurs in the following circumstances:

where the person with the power of representation instructs the Investment Firm (this includes a power of attorney arrangement); or

under a discretionary mandate granted by the buyer to the executing Investment Firm.

 Where a buyer/seller has granted power of representation to more than one person only the person(s) that instructed the Investment Firm should be populated in the decision maker field.