Provision of services at the exclusive initiative of the client - MiFID 2 Provision: Difference between revisions

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The provision by which MiFID 2 formalised the “[[reverse inquiry]]” idea. Don’t get carried away now, folks.
The provision by which MiFID 2 formalised the “[[reverse inquiry]]” idea. Don’t get carried away now, folks.
{{Seealso}}
{{Seealso}}
*[[reverse inquiryy]]
*[[reverse inquiry]]

Revision as of 10:14, 7 December 2018

MiFID 2 Anatomy™


In a Nutshell Section 42:

42. Provision of services at the exclusive initiative of the client
Where an EU client solicits (exclusively) an investment service from a third-country firm, the third-country firm is not required to be authorised under Article 39 for that investment service. Just because a client has made such a solicitation it does not entitle the third-country firm to market other investment products or services to that client.
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Full wikitext:

42. Provision of services at the exclusive initiative of the client
Member States shall ensure that where a retail client or professional client within the meaning of Section II of Annex II established or situated in the Union initiates at its own exclusive initiative the provision of an investment service or activity by a third-country firm, the requirement for authorisation under Article 39 shall not apply to the provision of that service or activity by the third-country firm to that person including a relationship specifically relating to the provision of that service or activity. An initiative by such clients shall not entitle the third-country firm to market otherwise than through the branch, where one is required in accordance with national law, new categories of investment products or investment services to that client.
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MiFID 2: Less fondly known as EU Directive 2014/65/EU (EUR Lex) | MiFID 1Articles: 16(7) (Recording of Communications)

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The provision by which MiFID 2 formalised the “reverse inquiry” idea. Don’t get carried away now, folks.

See also