ESMA may, by simple request or by decision, require credit rating agencies, persons involved in credit rating activities, rated entities, related third parties, outsourced operational providers and other persons closely or substantially connected to credit rating activities to provide all information necessary to perform its duties under the Regulation. A simple request must cite this Article, state the purpose, specify the information required, set a time‑limit, state that supply is not obligatory but any reply must not be incorrect or misleading, and indicate the fine under Article 36a in conjunction with point 7 of Section II of Annex III for incorrect or misleading answers.

A decision requiring information must likewise cite this Article, state the purpose, specify the information and set a time‑limit; it must also indicate periodic penalty payments under Article 36b for incomplete production, the fine under Article 36a for incorrect or misleading answers, and the right to appeal to the Board of Appeal and to have the decision reviewed by the Court of Justice of the EU under Articles 60 and 61 of Regulation (EU) No 1095/2010. Concerned persons or their authorised representatives must supply the information; authorised lawyers may supply it on a client’s behalf, who remains fully responsible if information is incomplete, incorrect or misleading. ESMA shall, without delay, send a copy of the request or decision to the competent authority of the Member State where the concerned persons are domiciled or established.