Directive /65/EU of the European Parliament and of the Council of 15 May on markets in financial instruments and amending Directive /92/EC. Dyrektywa Komisji /73/WE z dnia 10 sierpnia r. wprowadzająca środki wykonawcze do dyrektywy /39/WE Parlamentu Europejskiego i Rady w. Is MiFID II a Desired Regulation? (Zadowolenie klienta indywidualnego z doradztwa inwestycyjnego. Czy Dyrektywa MiFID II to potrzebne rozwiazanie?).

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It is also necessary for competent authorities to have, in accordance with national law and with the Charter, the ability to access the premises of natural and legal persons. The Commission shall adopt delegated acts in accordance with Article 89 to clarify for the purposes of point c of paragraph 1 when an activity is provided in an incidental manner.

It is necessary to exclude from the scope of this Directive central banks and other bodies performing similar functions as well as public bodies charged with or intervening in the management of public debt, which concept covers the investment thereof, with the exception of bodies that are partly or wholly state-owned the role of which is commercial or linked to the acquisition of holdings.

The conditions for conducting activities outside the premises of the investment firm door-to-door selling should not be covered by this Directive. Transmission system operators should also benefit from such an exemption where they use other persons acting as service providers on their behalf to carry out their task under those legislative acts or under network codes or guidelines adopted pursuant to those Regulations.

Stan procesu implementacji pakietu MiFID II

For the exercise of those powers, which may amount to serious interferences with the right to respect private and family life, home and communications, Member States should have in place adequate and effective safeguards against any abuse, for instance, where appropriate prior authorisation from the judicial authorities of a Member State concerned. Competent authorities should have the option not to publish sanctions where anonymous or delayed publication is considered to be insufficient to ensure that the stability of financial markets will not be jeopardised.

Member States shall require that at least two persons meeting the requirements laid down in paragraph 1 effectively direct the business of the applicant investment firm. The G20 summit in Pittsburgh on 25 September agreed to improve the regulation, functioning and transparency of financial and commodity markets to address excessive commodity price volatility. This implies that all fees, commissions and any monetary benefits paid or provided by a third party must be returned in full to the client as soon as possible after receipt of those payments by the firm and the firm should not be allowed to offset any third-party payments from the fees due by the client to the firm.

Advisors were generally perceived to be clear in providing recommendations. In order to strengthen the protection of investors in the Union, it is appropriate to limit the conditions under which Member States may exclude the application of this Directive to persons providing investment services to clients who, as a result, are not protected under this Directive.

Need more search options? Combining too high a number of directorships would preclude a member of the management body from spending adequate time on the performance of that oversight role.

In order to eliminate uncertainty and strengthen investor protection, it is appropriate to provide for the application of this Directive when, in the primary market, investment firms and credit institutions distribute financial instruments issued by them without providing any advice.


The use of trading technology has increased the speed, capacity and complexity of how investors trade. The distinction between spot contracts for commodities and commodity derivative contracts should also be clarified. In order to further establish the regulatory framework for the provision of investment advice, while at the same time leaving choice to investment firms and clients, it is appropriate to establish the conditions for the provisions of that service when firms inform clients that the service is provided on an independent basis.

In order to ensure that financial instruments will be offered or recommended only when in the interest of the client, investment firms offering or recommending the product manufactured by firms which are not subject to the product governance requirements set out in this Directive or manufactured by third-country firms should also have appropriate arrangements to obtain sufficient information about the financial instruments.

Under the current legal framework, AIFMs authorised to provide those investment dytektywa and intending to provide them in Member States other than their home Member State are to comply with additional national requirements, including the establishment of a separate legal entity. Competent authorities should not be required to publish measures which are deemed to be of a minor nature where publication would be disproportionate.

The provision of services by third country firms in the Union is subject to national regimes miid requirements. In particular, it is appropriate to exclude the possibility to provide those services in conjunction with the ancillary service consisting of granting credits or loans to investors to allow them dyreotywa carry out a transaction in which the investment firm is involved, since this increases the complexity of the mifiv and makes more difficult the understanding of the risk involved.

In the dyrekywa of legal certainty and to adequately address conflicts of interests when deciding to suspend or to remove financial instruments from trading, it should be ensured that if an investment firm or a market operator operating a trading venue stops trading due to ,ifid with their rules, the others follow that decision if it is decided so by their competent authorities unless continuing trading may be justified due to exceptional circumstances. The introduction of approved publication arrangements APAs should improve the quality of trade transparency information published in the OTC space and contribute significantly to ensuring that such data is published in a way facilitating its consolidation with data published by trading venues.

Directive and its implementing measures are not restricted to investment firms within the meaning of MiFID [15] and affect other producers of recommendations, such as independent research houses, credit institutions and the like.

The interruption shall not exceed 20 working days.

The frequent and systematic basis shall be measured by the number of OTC trades in the financial instrument carried out by the investment firm on own account when executing client orders. By way of derogation from the first subparagraph, Member States may grant authorisation to investment firms that are natural persons or to investment firms that are legal persons managed by a single natural person in accordance with their constitutive rules and national laws.

Member States should be able to designate different competent authorities to enforce the wide-ranging obligations laid down in this Directive. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP.

General contact details of provider: Help Print this page. Those powers should be exercised, where the national law so requires, by application to the competent judicial authorities. Firms authorised in accordance with them do not enjoy the freedom to provide services and the right of establishment in Member States other than the one where they are established.


The use of such practices should be carefully assessed in order to promote competition and consumer choice.

Legal Alert: Stan procesu implementacji pakietu MiFID II – Eversheds Sutherland

Central securities depositaries CSDs are systemically important institutions for financial markets that ensure the initial recording of dgrektywa, the maintenance of the accounts containing the securities issued and the settlement of virtually all trades of securities.

Persons who do not provide services for third parties but whose business consists in providing investment services solely for their parent undertakings, for their subsidiaries, or for other subsidiaries of their parent undertakings should not be covered by this Directive.


In order dyrekttwa ensure that any entities providing investment services and activities are subject to the same regulatory framework, it is appropriate to ensure that such CSDs are not subject to the requirements of this Directive relating to authorisation and certain operating conditions but that Union law regulating CSDs as such should ensure that they are dytektywa to the provisions of this Directive when they provide investment services or perform investment activities in addition to the services specified in that Union law.

In view of the significant impact and market share acquired by various MTFs, it is appropriate to ensure dhrektywa adequate cooperation arrangements are established between the competent authority of the MTF and that of the jurisdiction in which the MTF is providing services.

For example, the content of relevant face-to-face conversations with a client could be recorded by using written minutes or notes.

In order to clarify the regime of exemptions for the European System of Central Banks ESCBother national bodies performing similar functions and bodies intervening in the management of public debt, it is appropriate to limit such exemptions to the bodies and institutions performing their functions in accordance with the law of one Member State or in accordance with the Union law, as well as to international bodies of which two or more Member States are members and which have the purpose of mobilising funding dyretkywa providing financial assistance to the benefit of their members that are experiencing or threatened by severe financing mmifid, such as the European Stability Mechanism.

In particular, competent authorities should appraise the suitability of the proposed acquirer and the financial soundness of the proposed acquisition against all of the following criteria: Operators dyrekhywa a regulated market should also be able to operate an MTF or an OTF in accordance with the relevant provisions of this Directive.

It is appropriate to provide a mechanism for reporting unpublished sanctions to ESMA so that competent authorities can take them into account in their ongoing supervision. In doing so, those criteria should take at least into consideration, the need for ancillary activities dyrektywx constitute a minority of activities at group level and the size of their trading activity compared to dyrdktywa overall market trading activity in that asset class.

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