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ESMA Q&A 1980 — Q&A — Margin close-out protection [Answer Published]

Financial servicesLevel 3Q&AMiFIRAnsweredOfficial source

Margin close-out protection

Question

What is considered to be the ‘sum of funds in the CFD trading account’ and the “unrealised net profits of all open CFDs connected to that account’ for the purposes of margin close-out protection?

Answer

[ESMA 35-36-1262 Q&As on product intervention, Q&A 5.3]

The sum of funds in the CFD trading account means any cash credited to the client’s relevant CFD trading account and cash only. No other type of asset (e.g. other financial instruments) within or separate to the CFD trading account may be taken into account.

The unrealised net profits of all open CFDs connected to that account means the sum of unrealised gains and losses of all open CFD positions recorded in the relevant account.

Source: ESMA original document