EU · MiFID II · TITLE II AUTHORISATION AND OPERATING CONDITIONS FOR INVESTMENT FIRMS · CHAPTER III Rights of investment firms

Article 35 MiFID IIEstablishment of a branch

In force

Read the official text on EUR-Lex(opens in a new tab)

AI-generated What this provision does

Right of establishment: firms may provide their authorised services in other Member States through branches or tied agents established there, after notifying their home authority with a programme of operations, branch structure, tied agents and managers; the home authority forwards the notification within three months unless it doubts the firm's adequacy. The host authority supervises the branch's compliance with specified conduct and transparency rules, and changes must be notified in advance.

Level 2: delegated and implementing acts

RTSIn forceLegal basis
Commission Delegated Regulation (EU) 2022/2402 of 16 August 2022 correcting certain language versions of Delegated Regulation (EU) 2017/1018 supplementing Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards specifying information to be notified by investment firms, market operators and credit institutions
European Commission · 9 Dec 2022 · EUR-Lex
AI summaryCorrects an error in Article 6(2)(g)(iii) of several language versions of Delegated Regulation 2017/1018 (information to be notified for passporting by investment firms, market operators and credit institutions); the English version is unaffected.
ITSIn forceLegal basis
Commission Implementing Regulation (EU) 2022/1407 of 16 August 2022 correcting certain language versions of Implementing Regulation (EU) 2017/2382 laying down implementing technical standards with regard to standard forms, templates and procedures for the transmission of information in accordance with Directive 2014/65/EU of the European Parliament and of the Council
European Commission · 18 Aug 2022 · EUR-Lex
AI summaryCorrects errors in the 'Systems & Controls' sections of Annexes VI and VII of several language versions of Implementing Regulation 2017/2382 on passport notifications; the English version is unaffected.
ITSIn forceLegal basis
Commission Implementing Regulation (EU) 2017/2382 of 14 December 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for the transmission of information in accordance with Directive 2014/65/EU of the European Parliament and of the Council
European Commission · 20 Dec 2017 · EUR-Lex
AI summaryITS setting standard forms, templates and procedures for MiFID II passport notifications by investment firms, market operators and credit institutions (cross-border services, arrangements to access an MTF or OTF, branches and tied agents), and for communications between home and host authorities.
RTSIn forceLegal basis
Commission Delegated Regulation (EU) 2017/1018 of 29 June 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards specifying information to be notified by investment firms, market operators and credit institutions
European Commission · 17 Jun 2017 · EUR-Lex
AI summaryRTS specifying the information that investment firms, market operators and credit institutions must notify to their home authority to passport services and activities into another Member State, whether cross-border, via arrangements to access an MTF or OTF, or through a branch or tied agent, and when those particulars change.

Level 3: ESMA Q&As, guidelines and opinions

Q&ALegacy Q&A documentESMA rulebook
ESMA35-43-349: Questions and Answers On MiFID II and MiFIR investor protection and intermediaries topics
ESMA · the ESMA website
AI summaryESMA's consolidated legacy Q&A document (ESMA35-43-349, final version 15 December 2023) on MiFID II investor protection topics, including best execution, suitability, call recording, inducements and research, costs and charges, client categorisation, third-country firms and product governance. It is no longer updated; Q&As from 2024 are in ESMA's Q&A tool.

Commentary

No law-firm commentary is linked to this provision yet.

393 more documents relate to MiFID II as a whole without naming an article.

UK counterpart

UK transposition not traced in the FCA Handbook. It may sit in FSMA, the Regulated Activities Order or SI 2017/701, which are not yet mapped.

Version history

From 1 Jul 2016
From 17 Sept 2014 to 1 Jul 2016

Each entry is a consolidated version of the act on EUR-Lex in which this provision appears. The text itself is on the official site.