Q&A · ESMA
Initiation at own initiative
Answered
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A service is provided at the client's own exclusive initiative under Article 42 MiFID II only if the third-country firm, or anyone acting for it or closely linked to it, has not solicited, promoted or advertised in the EU by any means; this is assessed case by case for each service, regardless of contractual disclaimers, and the same approach applies under Article 46 MiFIR.
Details
| Reference | ESMA_QA_1862 |
|---|---|
| Issuer | ESMA |
| Published | 25 May 2018 |
| Answered | 25 May 2018 |
| Submitted | 25 May 2018 |
| ESMA topics | Provision of investment services and activities by third country firms |
| Earlier Q&A document | ESMA 35-43-349 MiFID II Q&As on Investor protection Ch 13, question 1 |
Provisions it relates to
- Article 42 MiFID II · Provision of services at the exclusive initiative of the clientExplicit reference · 90%
- MiFID II (whole act)Explicit reference