MiFID II

Recent Articles

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  14/04/2025

  ESMA’s Final Reports on Order Execution Policies, New SI ITS and RTS Amendments

  On 10 April 2025, the European Securities and Markets Authority (“ESMA”) published two final reports on firm’s order execution policies under MiFID II and rules on systematic internalisers, volume cap and circuit breakers.The initial consultations were launched in July 2024 (see Consultation Paper on Order Execution Policies and Third Consultation Package of MiFIR Review) following the MiFID and MiFIR reviews.Key HighlightsKey highlights of the final reports are set out below:Criteria for Establishing and Assessing the Effectiveness of Investment Firms’ Order Execution PoliciesThe...

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  04/02/2025

  FCA issues first fine for breach of UK MiFIR transaction reporting regime: key takeaways for firms

  On 29 January 2025, the UK Financial Conduct Authority (“FCA”) issued a Final Notice to Infinox Capital Limited (“Infinox”), fining the firm £99,200 for failing to submit 46,053 transaction reports. While the FCA has previously issued fines for transaction reporting failures under the pre-MiFID II regime, this is the first FCA fine for a breach of the Markets in Financial Instruments Regulation (“MiFIR”) transaction reporting regime since it entered into force on 3 January 2018. As such, while the fine has caught the industry’s attention, it also...

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  08/11/2024

  Levelling the playing field in investment research: introducing payment optionality for pooled funds (FCA CP24/11)

  On 5 November 2024, the Financial Conduct Authority (“FCA”) published a consultation paper (CP24/21) on investment research payment optionality for fund managers. The FCA is proposing to take forward the recommendations of the Investment Research Review (“IRR”) and feedback to its earlier consultation for MiFID investment firms, by extending payment optionality for investment research to fund managers and pooled funds (including UCITS and AIFs).The proposals would allow fund managers to purchase investment research by making joint payments (i.e. by paying for bundled investment...

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  07/06/2024

  ESMA issues first formal guidance on use of AI in retail financial services

  The European Securities and Markets Authority (ESMA) recently released a public statement on the use of artificial intelligence (AI) in the provision of retail investment services. The statement provides initial guidance to investment firms and credit institutions using, or planning to use, AI so they can ensure compliance with their obligations under MiFID II. It also outlines live use cases and ESMA’s understanding of the “known challenges” currently facing firms in adopting AI.Emerging ESMA approach?While this is by no means ESMA’s first publication or statement on AI,...

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  31/05/2024

  Ancillary Activities Exemption – a change in approach for commodity derivatives and emission allowances firms

  On 29 May 2024, the Financial Services and Markets Act 2000 (Commodity Derivatives and Emission Allowances) (Amendment) Order 2024 (SI 2024/719) (the “2024 Order”) was published alongside an explanatory memorandum. The 2024 Order omits prospective amendments to the UK regulated activities perimeter, with the effect that the planned changes to the ancillary activities regime for firms trading commodity derivatives or emission allowances have been indefinitely delayed. This followed significant concerns from industry that moving to a qualitative approach to determining whether firms require...

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  24/05/2024

  MiFID/MiFIR review: ESMA publishes series of consultation papers on transparency topics

  On 21 and 23 May 2024, the European Securities and Markets Authority (“ESMA”) published three consultation papers, as part of the ongoing MiFID/MiFIR review.The revised Markets in Financial Instruments Directive and Regulation (known as MiFID III/MiFIR II) came into force on 28 March 2024. The package was finalised amid widespread industry concern at the uncertainty created by apparent misalignments between the Level 1 text of MiFIR as amended, and the Level 2 text, which is yet to be updated, as well as other issues. On 27 and 28 March 2024 respectively, the EU Commission published...

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