Q&A · ESMA
New categories of investment products or investment services
Answered
Read the official text on the ESMA website(opens in a new tab)AI-generated Summary
For reverse solicitation under Article 42 MiFID II and Article 46 MiFIR, a third-country firm provides a new investment service if it adds it after 3 January 2018, and may not market new categories of products, judged case by case by type, complexity and riskiness, granularly enough to prevent circumvention of national regimes.
Details
| Reference | ESMA_QA_1863 |
|---|---|
| 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 2 |
Provisions it relates to
- Article 42 MiFID II · Provision of services at the exclusive initiative of the clientExplicit reference · 90%
- Article 46 MiFIR · General provisionsExplicit reference · 90%
- MiFID II (whole act)Explicit reference