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 not necessary dyrwktywa the advisor to assess investment products available on the market by all product providers or issuers, but the range of financial instruments should not be limited to financial instruments issued or provided by entities with close links with the investment firm or with other legal or economic relationships, such as a contractual relationship, that are so close as to put at risk the independent basis of the advice provided.

An issuer that is an SME should not be obliged to apply to have its financial instruments admitted to trading on an SME growth market. This document is an excerpt from the EUR-Lex website. For example, the content of relevant face-to-face conversations with a client could be recorded by using written minutes or notes. No statistical differences between annual results were found in procedures of collecting necessary information.

dyrektywa MiFID – Translation into English – examples Polish | Reverso Context

Disclaimer This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. While this Directive specifies a minimum set of powers competent authorities should have, those powers are to be exercised within a complete system of national law which guarantees the respect for fundamental rights, including the right to privacy. The obligation to transpose this Dyrekhywa into national law should be confined to those provisions which represent a substantive amendment mifis compared to the earlier Directives.

Uchylona dyrektywa i wykaz jej kolejnych zmian.

Stan procesu implementacji pakietu MiFID II

This shall not prevent a Member State from allowing the competent authority to make such disclosure in the absence of a request by the proposed acquirer. Using a mystery client procedure adopted from the Synovate research, 51 datasets and 58 datasets were collected in and The statement should be provided in a durable medium including in an electronic form.

Such measures may include applications for judicial orders or the imposition of sanctions against directors and those responsible for management, or suspension of the exercise of the voting rights attaching to the shares held by the shareholders or members in question.


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: 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.

The definition of a systematic internaliser shall apply only where the pre-set limits for a frequent and systematic basis and for a substantial basis are both crossed or where an investment firm chooses to opt-in under the systematic internaliser regime. Persons exempt from this Directive pursuant to paragraph 1 shall not benefit from the freedom to provide services or to perform activities or to establish branches as provided for in Articles 34 and 35 respectively.

In addition, it is necessary to formalise and improve the exchange of information and the cooperation between the competent authorities in relation to suspension and removal of financial instruments from trading on a trading venue.

Investment firms that offer or recommend to clients financial instruments not manufactured by them should also have appropriate arrangements in place to obtain and understand the relevant information concerning the product approval process, including the identified target market nifid the characteristics of the product they offer or recommend.

Excessive and imprudent risk taking may lead to the failure of individual financial institutions and systemic problems in Member States and globally. Some local energy utilities and some operators of industrial installations covered by the EU Emissions Trading Scheme bundle and out-source their trading activities for hedging commercial risks to non-consolidated subsidiaries.

This Directive provides for conditions and procedures for Member States to comply with when planning to impose additional requirements. It also provided for the harmonisation of some conditions governing the operation of regulated markets.

In order to achieve the harmonised regime, it is also appropriate for ESMA to monitor the implementation of the position limits and for competent authorities to put in place cooperation arrangements, including exchange of relevant data with each other and to enable the monitoring and enforcement of the limits. In determining the extent to which ancillary activities constitute a minority of activities at a group level ESMA may determine that the capital employed for carrying out the ancillary activity relative to the capital employed for carrying out the main business is to be considered.


One of the objectives of this Directive is to protect investors. Technical criteria for when an activity is ancillary to such a main business should be clarified in regulatory technical standards, taking into account the criteria specified in this Directive.

Given that a wider range of execution venues are now available in the Union, it is appropriate to enhance the best execution framework for retail investors. Member States shall require that competent authorities take measures similar to those referred to in Article 10 3 in respect of persons who fail to comply with the obligation to provide prior information in relation to the acquisition or increase of a qualifying holding.

Such request shall be made in writing and shall specify the additional information needed.

Position limits should be set for each individual commodity derivative contract. CSDs are to be specifically regulated under Union law and subject, in dyrekhywa, to authorisation and certain operating conditions. Where close links exist between the investment firm and other natural or legal persons, the competent authority shall grant authorisation only if those links do not prevent the effective exercise of the supervisory functions of the competent authority.

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

It is appropriate to provide a mechanism for reporting unpublished sanctions to ESMA so that mifjd authorities can take them into account in durektywa ongoing supervision. It is also necessary to ensure that the fee structures of trading venues are transparent, non-discriminatory and fair and that they are not structured in such a way as to promote disorderly market conditions.

Where minutes are taken of face-to-face conversations with clients, Member States should ensure that appropriate safeguards are in place to ensure that the client does not lose out as a result of the minutes inaccurately recording the communication between the parties.