ESMA letter to European Commission on MiFID II/MiFIR third-country regimes

27 September 2018

ESMA has written to the European Commission in relation to additional issues concerning some MiFID II/MiFIR requirements on investor protection and intermediaries.

The letter highlights a number of items, which are relevant in the context of the United Kingdom’s withdrawal from the European Union, in particular:

Concerns regarding the MiFIR regime for third country firms providing investment services and activities to eligible counterparties and per se professional clients;

Concerns regarding the MiFID II regime for third country firms providing investment services and activities to retail and professional clients on request;

Third country firms providing investment services and activities at the exclusive initiative of EU clients (reverse solicitation); and  

Investment firms outsourcing critical or important functions other than those related to portfolio management to third country providers.

Full letter


© ESMA