AI Summary of Article 38b Request for information
ESMA may, by simple request or decision, require any APA, CTP or ARM supervised by ESMA, investment firms or market operators operating APA/CTP/ARM data services, their controllers or controlled entities, managers, auditors and advisers to provide all information necessary to carry out ESMA's duties. Persons or their authorised representatives (including lawyers) must supply the information; lawyers may act but the principal remains fully responsible for incomplete, incorrect or misleading information. ESMA shall, without undue delay, send a copy of the request or decision to the competent national authority.
A simple request must cite this Article, state its purpose, specify the information, set a time limit, state there is no obligation to reply but that any voluntary reply must not be incorrect or misleading, and indicate the fine under Article 38h for incorrect or misleading information. A decision must likewise cite the Article, state the purpose, specify the information, set a time limit, indicate periodic penalty payments under Article 38i for incomplete production, indicate the fine under Article 38h for incorrect or misleading answers, and inform of the right to appeal to ESMA's Board of Appeal and to the Court of Justice under Articles 60 and 61 of Regulation (EU) No 1095/2010.
Article 38b Request for information
1. ESMA may by simple request or by decision require the following persons to provide all information to enable ESMA to carry out its duties under this Regulation:
(a) an APA, a CTP, an ARM, where they are supervised by ESMA, and an investment firm or a market operator operating a trading venue to operate the data reporting services of an APA, a CTP or an ARM, and the persons that control them or are controlled by them;
(b) the managers of the persons referred to in point (a);
(c) the auditors and advisors of the persons referred to in point (a);
2. Any simple request for information referred to in paragraph 1 shall:
(a) refer to this Article as the legal basis of that request;
(b) state the purpose of the request;
(c) specify the information required;
(d) include a time limit within which the information is to be provided;