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These days, the mod cons - telephony, the world-wide internet - makes it all so much harder. What if our fellow stays in England and the client stays in its jurisdiction? Where then is the business conducted?

Here we consider who initiates the business. Does the client initiate the business request? What if our fellow promoted herself, advertised, in that jurisdiction?

===“At the client’s initiative”===

Here we consider who initiates the business. Does the client initiate the business request? What if our fellow promoted herself, advertised, in that jurisdiction? The legislation has two passages which help us.

The first is {{Mifid2prov|Recital 85}} of {{t|MiFID 2}}, which ponders what is to be considered at the client’s initiative:

:''A service should be considered to be provided at the initiative of a client '''unless the client demands it in response to a personalised communication from or on behalf of the firm to that particular client, which contains an invitation or is intended to influence the client in respect of a specific financial instrument or specific transaction'''. A service can be considered to be provided at the initiative of the client '''notwithstanding that the client demands it on the basis of any communication containing a promotion or offer of financial instruments made by any means that by its very nature is general and addressed to the public''' or a larger group or category of clients or potential clients.

The second is {{t|ESMA}}s Q&A, released as firms readied themselves for that great New Year’s Day push into the sunlit uplands of enlightened modern securities regulation. {{esma on reverse solicitation}}

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