ESMA_QA_1129
18/02/2020
Subject Matter
MiFID practices for firms selling financial instruments subject to the BRRD resolution regime
    Does Article 44a of BRRD 2 apply only if there is an active offering on the part of the firm?
    ESMA Answer
    18-02-2020

      [ESMA35-43-439 Investor protection BRRD regime Q&A 2]

      No. Article 44a will apply independently of any marketing or active offering by the seller of the subordinated eligible liabilities, and whether the transaction has been initiated by the client or the firm (thus, including in case of reverse solicitation).

      Status: Answer Published

      Additional Information

      Level 1 Regulation
      Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries
      Topic
      Information to clients on topics other than costs and charges