Article 2
Measures concerning professional clients
1.
Investment firms shall require their professional clients to send them written allocations of securities or of cash to the transactions referred to in Article 5(1) of Regulation (EU) No 909/2014, identifying the accounts to be credited or debited. Those written allocations shall specify the following:
(a)
one of the following types of transaction:
(i)
purchase or sale of securities;
(ii)
collateral management operations;
(iii)
securities lending/borrowing operations;
(iv)
repurchase transactions;
(v)
other transactions, which can be identified by more granular ISO codes;
(b)
the International Securities Identification Number (ISIN) of the financial instrument or where the ISIN is not available, some other identifier of the financial instrument;
(c)
the delivery or the receipt of financial instruments or cash;
(d)
the nominal value for debt instruments, and the quantity for other financial instruments;
(e)
the trade date;
(f)
the trade price of the financial instrument;
(g)
the currency in which the transaction is expressed;
(h)
the intended settlement date of the transaction;
(i)
the total amount of cash that is to be delivered or received;
(j)
the identifier of the entity where the securities are held;
(k)
the identifier of the entity where the cash is held;
(l)
the names and numbers of the securities or cash accounts to be credited or debited.
Written allocations shall include all other information required by the investment firm for facilitating the settlement of the transaction.
Investment firms that have received confirmation of the execution of a transaction order placed by a professional client shall ensure through contractual arrangements that the professional client confirms its acceptance of the terms of the transaction in writing, within the timeframes set out in paragraph 2. That written confirmation may also be included in the written allocation.
Investment firms shall provide their professional clients with the option of sending the written allocation and the written confirmation electronically, through the international open communication procedures and standards for messaging and reference data referred to in Article 35 of Regulation (EU) No 909/2014.
2.
Professional clients shall ensure that written allocations and written confirmations referred to in paragraph 1 are received by the investment firm by one of the following deadlines:
(a)
by close of business on the business day on which the transaction has taken place where the investment firm and the relevant professional client are within the same time zone;
(b)
by 12.00 CET on the business day following that on which the transaction has taken place where one of the following occurs:
(i)
there is a difference of more than two hours between the time zone of the investment firm and the time zone of the relevant professional client;
(ii)
the orders have been executed after 16.00 CET of the business day within the time zone of the investment firm.
Investment firms shall confirm receipt of the written allocation and of the written confirmation within two hours of that receipt. Where the written allocation and the written confirmation is received by an investment firm within less than one hour before its close of business, that investment firm shall confirm receipt of the written allocation and of the written confirmation within one hour after the start of business on the next business day.
3.
Where investment firms receive the necessary settlement information referred to in paragraph 1 in advance of the timeframes referred to in paragraph 2, they may agree in writing with their professional clients that the relevant written allocations and written confirmations are not to be sent.
4.
Paragraphs 1, 2 and 3 shall not apply to professional clients holding, at the same investment firm, the securities and cash relevant for the settlement.