August 16, 2019 posted by

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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A client is likely to require more time to review information given dyreltywa a complex or unfamiliar product or service, or a product or service a client has no experience with than a client considering a simpler or more familiar product or service, or where the client has relevant prior experience.

Search dyrektywa MiFID in: In addition, it is necessary to formalise and improve the exchange of information and the cooperation between the competent dyrekttywa in relation to suspension and removal of financial instruments from trading on a trading venue. Since the main objective and subject-matter of this Directive is to harmonise national provisions concerning the areas referred to, it should be based on Article 53 1 of the Treaty on mofid Functioning of the Mifld Union TFEU.

However, it is not intended to require a firm to compare the results that would be achieved for its client on the basis of its own execution policy and its own commissions and fees, with results that might be achieved for the same client by any other investment firm on the basis of a different execution policy or a different structure of commissions or fees.

EUR-Lex Access to European Union law

Given the importance of not adversely affecting existing successful markets the option should remain for operators of markets aimed at smaller and medium-sized issuers to choose to continue to operate such a market in accordance with the requirements under this Directive without seeking registration as an SME growth market.

Incorrect conduct of firms providing services to clients may lead to investor detriment and loss of investor confidence. If such publication causes disproportionate damage to the persons involved, jeopardises the stability of financial markets dyrekhywa an ongoing investigation the competent authority should publish the sanctions and measures on an anonymous basis in a manner which complies with national law or delay the publication.

Investment firms should all have the same opportunities of joining or having access to regulated markets throughout the Union. Such deposits should therefore be excluded from the scope dyrektyaa this Directive. A coherent and risk-sensitive framework for regulating the main types of order-execution arrangement currently active in the European financial marketplace should be provided for.


Central securities depositaries CSDs are systemically important institutions for financial markets that ensure the initial recording of securities, the maintenance of the accounts containing the securities issued and the settlement of virtually all trades of securities. Eversheds Sutherland is a global provider of legal services operating through various separate and distinct legal entities. Such an activity should be understood in a way specific to its context and purpose.

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

Those joint venture companies do not provide any other services and perform exactly the same function as the persons referred to in Recital Przed dniem 3 marca r. The conditions for conducting activities outside the premises of the investment firm door-to-door selling should not be covered by this Directive.

In recent years more investors have become active in the financial markets and are offered an even more complex wide-ranging set of services and instruments. Members of the management body shall have adequate access to information and documents which are needed to oversee and monitor management decision-making.

The competent authorities may extend the interruption referred to in the second subparagraph of paragraph 2 up to 30 working days if the proposed acquirer is one of the following:. To deliver consistent protection for retail clients and ensure a level playing field between similar products, it is important that insurance-based investment products are subject to appropriate requirements.

However, in order to ensure that the appropriate safeguards are in place and that investors are adequately protected, Member States that choose to dyrektya such joint ventures should subject them to requirements at least analogous to the ones laid down in this Directive, in particular during the phase of authorisation, in the assessment of their reputation and experience and dyeektywa the suitability of any shareholders, in the review of the conditions for initial authorisation and on-going supervision as well as on conduct of business obligations.

Therefore, it is important to clarify that exemptions apply cumulatively. Member States should also be able vyrektywa allow trading venues to impose higher fees for placing orders that are subsequently cancelled or on participants placing a high ratio of cancelled orders and on those operating a high-frequency algorithmic trading technique in order to reflect the additional burden on system capacity without necessarily benefitting other market participants.

Excessive and imprudent risk taking may lead jifid the failure of individual financial institutions and systemic problems in Member States and globally. W imieniu Rady D. Competent authorities should not be required to publish measures which are deemed to be of a minor nature where publication would be disproportionate.


Stan procesu implementacji pakietu MiFID II

The competent authorities shall not authorise mifiv provision of investment services or performance of investment activities by an investment firm until they have been informed of the identities of the shareholders or members, whether direct or indirect, natural or legal persons, that have qualifying holdings and the amounts of those holdings.

What does it mean for competition law?

It is not necessary for 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 dyrketywa 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.

It is therefore appropriate to strengthen the confidence of investors and to make regulatory treatment concerning the distribution of different packaged retail investment products more uniform in order to ensure an adequate level of investor protection across the Union.

In order to strengthen the protection of investors and increase clarity to clients as to the service they receive, it is also appropriate to further restrict the possibility for firms providing the service of investment advice on an independent basis and the service of portfolio management to accept and retain fees, commissions or any monetary and non-monetary benefits from third parties, and particularly from issuers or product providers.

Banks, stock exchanges and funds develop new financial products and trading practices so quickly that the directive on markets in financial instruments is already out of date. When providing investment advice, the investment firm should specify in a written statement on suitability how the advice given meets the preferences, needs and other characteristics of the retail client. No action taken by any competent authority or ESMA in the performance of their duties should directly or indirectly discriminate against any Member State or group of Member States as a venue for the provision of investment services and activities in any currency.

However, CSDs might, in addition to the core services referred to in other Union law, provide investment services and activities which are regulated under this Directive.