ESMA_QA_1620
15/11/2017
Subject Matter
Authorisation as an investment firm under MiFID II to provide DEA to an EU trading venue
Original question
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
Original language
[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