ESMA_QA_1620
15/11/2017
Subject Matter
Authorisation as an investment firm under MiFID II to provide DEA to an EU trading venue
    Does a firm need to be authorised as an investment firm under MiFID II to provide DEA to an EU trading venue?
    ESMA Answer
    15-11-2017

      [ESMA 70-872942901-38 MiFID II MiFIR market structures Q&A, Q&A 3.25]

      Yes, Article 48(7) of MiFID II provides that trading venues should only permit a member or participant to provide DEA “if they are investment firms authorised under [MiFID II] or credit institution authorised under Directive 2013/36/EU”. Therefore, non-EU firms (including non-EU firms licensed in an equivalent jurisdiction) or EU firms without a MiFID II licence are not allowed to provide DEA to their clients. This applies regardless of where the clients using the DEA service are located.

      Status: Answer Published

      Additional Information

      Level 1 Regulation
      Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
      Level 3 Regulation
      ESMA70-872942901-38 - Q&A on MiFID II and MiFIR market structures topics
      Topic
      Direct Electronic Access and algorithmic trading