Featured Product

    ESMA Publishes Final Guidelines on MiFID II Suitability Requirements

    May 28, 2018

    ESMA published a report on the final guidelines for certain aspects of the Markets in Financial Instruments Directive (MiFID) II suitability requirements. The guidelines in the final report confirm and broaden the existing MiFID I guidelines on suitability, which were issued in 2012.

    This final report summarizes and analyzes the responses to the consultation paper on suitability requirements, which ran from July 13, 2017 to October 13, 2017. For finalization of the guidelines, ESMA considered responses received to the consultation, along with the advice of the Securities and Markets Stakeholder Group (SMSG). Along with the guidelines, the report provides the cost-benefit analysis, summarizes the opinion of the SMSG, and contains the feedback statement. The guidelines will be translated in the official EU languages and published on ESMA website. Within two months of the publication of translations, the national competent authorities must notify ESMA whether they comply or intend to comply with the guidelines.

    The assessment of suitability is one of the most important requirements for investor protection in the MiFID framework. It applies to the provision of any type of investment advice, whether independent or not, and portfolio management. Investment firms providing investment advice or portfolio management must provide suitable personal recommendations to their clients or have to make suitable investment decisions on behalf of their clients. The guidelines, by supporting a consistent and harmonized application of the requirements in the area of suitability, will ensure that MiFID II’s objectives are achieved.  When preparing the final report, ESMA has carefully considered the content of the EC's action plan on sustainable finance. ESMA will also keep monitoring the legislative proposals stemming from the action plan and will consider making focused amendments to the guidelines to reflect changes to the MIFID II delegated acts on the topic of sustainability.

     

    Related Links

    Keywords: Europe, EU, Securities, MiFID II, Suitability Requirements, Guidelines, Investor Protection, Sustainable Finance, EC, ESMA

    Related Articles

    PRA Publishes Q&A on Property Valuation Requirements Under CRR

    PRA published a set of questions and answers (Q&A) covering common queries regarding residential and commercial property valuations, for the purpose of the Capital Requirements Regulation (CRR), during the period of disruption caused by COVID-19 pandemic.

    May 29, 2020 WebPage Regulatory News

    EBA Publishes Guidelines on Loan Origination and Monitoring

    EBA published guidelines on loan origination and monitoring, which bring together prudential standards and consumer protection obligations, along with the anti-money laundering and the Environmental, Social, and Governance (ESG) considerations.

    May 29, 2020 WebPage Regulatory News

    EBA Proposes Revised Standards for Own Funds and Eligible Liabilities

    EBA published a consultation paper on the draft amended regulatory technical standards on own funds and eligible liabilities.

    May 29, 2020 WebPage Regulatory News

    EBA Sets Out Supervisory Convergence Plan for 2020

    EBA published a report on convergence of supervisory practices in 2019.

    May 29, 2020 WebPage Regulatory News
    News

    IOSCO Consults on Outsourcing Principles for Operational Resilience

    IOSCO proposed updates to its principles for regulated entities that outsource tasks to service providers.

    May 28, 2020 WebPage Regulatory News
    News

    MAS Consortium to Develop AI Fairness Metrics for Credit Scoring

    MAS announced that the first phase of the Veritas initiative will commence with the development of fairness metrics in credit risk scoring and customer marketing.

    May 28, 2020 WebPage Regulatory News

    BoE Updates Definitions for BTL Data Collection

    BoE published the Statistical Notice 2020/4 to update the buy-to-let (BTL) Phase 2 and Phase 3 definitions for the Interest Rate Type data item.

    May 28, 2020 WebPage Regulatory News
    News

    FSI Examines Financial Stability Implications of Payment Deferrals

    FSI published a brief note that examines challenges facing the banking sector as a result of the payment deferral programs put in place to support borrowers affected by the COVID-19 pandemic.

    May 28, 2020 WebPage Regulatory News
    News

    RBNZ Publishes Financial Stability Report for May 2020

    RBNZ published the financial stability report for May 2020. This review of the financial system in the country highlights that the economic disruption associated with COVID-19 will present challenges to the financial system.

    May 27, 2020 WebPage Regulatory News
    News

    PRA Finalizes Policy on Prudent Person Principle Under Solvency II

    PRA published the policy statement PS14/20, which contains the supervisory statement SS1/20 and the feedback to responses to the consultation paper CP22/19 on expectations for investment by firms in accordance with the Prudent Person Principle, or PPP, as set out in the Investments Part of the PRA Rulebook.

    May 27, 2020 WebPage Regulatory News
    RESULTS 1 - 10 OF 5234