Regulatory Frameworks

MiFID II Complete Guide

Markets in Financial Instruments Directive II - comprehensive implementation guide.

guide · EU Regulations · advanced · Free

By the Risk Atlas editorial team · based on European Securities and Markets Authority · Last updated

View original at European Securities and Markets Authority

MiFID II / MiFIR Complete Guide

The Markets in Financial Instruments Directive II (MiFID II) and Regulation (MiFIR) form the cornerstone of EU securities market regulation.

Scope and Application

Entities Covered

  • Investment firms
  • Credit institutions (for investment services)
  • Market operators
  • Data reporting service providers

Services Covered

  • Reception and transmission of orders
  • Execution of orders
  • Dealing on own account
  • Portfolio management
  • Investment advice
  • Underwriting
  • Placing

Market Structure

Trading Venues

  1. Regulated Markets (RMs)

    • Traditional stock exchanges
    • Full regulatory requirements
  2. Multilateral Trading Facilities (MTFs)

    • Alternative trading venues
    • Similar rules to RMs
  3. Organised Trading Facilities (OTFs)

    • New category for non-equity
    • Bonds, derivatives
  4. Systematic Internalisers (SIs)

    • Dealing on own account
    • Quote obligations

Transparency Requirements

Pre-Trade Transparency

  • Equity: Bid/offer prices and depth
  • Non-equity: Quotes for liquid instruments

Post-Trade Transparency

  • Real-time publication of trades
  • Deferrals for large trades

Waivers

  • Large-in-scale waivers
  • Reference price waivers
  • Negotiated trade waivers

Investor Protection

Client Classification

  • Retail clients (highest protection)
  • Professional clients
  • Eligible counterparties (lowest protection)

Suitability and Appropriateness

  • Know your customer
  • Product suitability assessment
  • Appropriateness for non-advised

Best Execution

  • Best possible result
  • Execution factors: price, costs, speed, likelihood
  • Execution policy disclosure

Product Governance

  • Target market identification
  • Product testing
  • Distribution controls

Costs and Charges

Ex-Ante Disclosure

  • All costs upfront
  • Aggregated and itemised
  • Impact on returns

Ex-Post Disclosure

  • Annual statement
  • Actual costs incurred

Inducements

Ban on Inducements

  • For independent advice
  • For portfolio management

Enhanced Quality Test

  • For non-independent advice
  • Client benefit requirement

Reporting Requirements

Transaction Reporting

  • T+1 to competent authorities
  • 65 data fields
  • Legal Entity Identifiers (LEIs)

Tags: MiFID II, MiFIR, investor protection, best execution, transparency, market structure

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