ANNEX XIV
In Annex 17 to Delegated Regulation (EU) 2019/980, Section 2, item 2.2.2 is replaced by the following:
‘Item 2.2.2 | A statement setting out the type of the underlying. | Category A |
Details of where information on the underlying may be obtained, including an indication of where information about the past and the future performance of that underlying and its volatility may be obtained by electronic means, and whether or not it may be obtained free of charge. | Category C | |
Where the underlying is a security: | ||
the name of the issuer of the security; | Category C | |
the international security identification number (“ISIN”); | Category C | |
Where the underlying is a reference entity or reference obligation (for credit-linked securities): | ||
where the reference entity or reference obligation comprises of a single entity or obligation, or in the case of a pool of underlying where a single reference entity or reference obligation represents 20 % or more of the pool: | ||
where the reference entity (or issuer of the reference obligation) has no securities admitted to trading on a regulated market, equivalent third country market or SME Growth Market, so far as the issuer is aware or able to ascertain from information published by the reference entity (or by the issuer of the reference obligation), information relating to the reference entity (or to the issuer of the reference obligation) as if it were the issuer (in accordance with the registration document for non-equity securities (excluding items identified as being retail-specific)); | Category A | |
where the reference entity (or the issuer of the reference obligation) has securities already admitted to trading on a regulated market, equivalent third country market or SME Growth Market, so far as the issuer is aware or able to ascertain from information published by the reference entity (or by the issuer of the reference obligation), its name, ISIN, address, country of incorporation, industry or industries in which the reference entity (or the issuer of the reference obligation) operates and the name of the market in which its securities are admitted; | Category C | |
in the case of a pool of underlyings, where a single reference entity or reference obligation represents less than 20 % of the pool: | ||
the names of the reference entities or issuers of the reference obligation; and | Category C | |
the ISIN. | Category C | |
Where the underlying is an index: | ||
the name of the index; | Category C | |
a description of the index where it is composed by the issuer or by any legal entity belonging to the same group or a description of the index provided by a legal entity or a natural person acting in association with, or on behalf of, the issuer, unless the prospectus contains the following statements: the complete set of rules of the index and information on the performance of the index are freely accessible on the issuer’s or on the index provider’s website; the governing rules (including methodology of the index for the selection and the re-balancing of the components of the index, description of market disruption events and of adjustment rules) are based on predetermined and objective criteria. | Category B | |
Point (b) shall not apply where the administrator of the index is included in the public register maintained by ESMA under Article 36 of Regulation (EU) 2016/1011 of the European Parliament and of the Council (1). | ||
Where the index is not composed by the issuer, an indication of where information about the index may be obtained. | Category C | |
Where the underlying is an interest rate, a description of the interest rate. | Category C | |
Where the underlying does not fall within the categories specified in this item, the securities note shall contain equivalent information. | Category C | |
Where the underlying is a basket of underlying, a disclosure for each underlying as described in this item and disclosure of the relevant weightings of each underlying in the basket. | Category C | |
(1) Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on índices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 (OJ L 171, 29.6.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/1011/oj).’ | ||