COBS 1.2 Markets in Financial Instruments Directive
References in COBS to the MiFID Org Regulation
- (1)
1This sourcebook contains a number of provisions which transpose MiFID.
- (2)
In order to help firms which are subject to the requirements of MiFID to understand the full extent of those requirements, this sourcebook also reproduces a number of provisions of the directly applicable MiFID Org Regulation, marked with the status letters “EU”. The authentic provisions of the MiFID Org Regulation are directly applicable to firms in relation to their MiFID business.
- (3)
This sourcebook does not reproduce the MiFID Org Regulation in its entirety. A firm to which provisions of the MiFID Org Regulation applies should refer to the electronic version of the Official Journal of the European Union for:
- (a)
the authentic version of the applicable articles of the MiFID Org Regulation; and
- (b)
a comprehensive statement of its obligations under the MiFID Org Regulation.
- (a)
- (1)
In some cases, this sourcebook applies provisions of the MiFID Org Regulation to firms in relation to business other than their MiFID business as if those provisions were rules.
- (2)
Third country investment firms should also have regard to the rule in GEN 2.2.22AR which concerns the application of the MiFID Org Regulation to such firms.
- (1)
Where this sourcebook, or the rule in GEN 2.2.22AR, applies provisions of the MiFID Org Regulation as if they were rules, (2) applies to enable firms to correctly interpret and understand the application of those provisions.
- (2)
In this sourcebook, a word or phrase found in a provision marked “EU” and referred to in column (1) of the table below has the meaning indicated in the corresponding row of column (2) of the table.
(1)
(2)
“ancillary services”
“client” and “potential client”
“competent authority”
“conditions specified in Article 3(2)”
“derivative”
as defined in article 4(1)(49) of MiFID
“Directive 2009/65/EC”
“Directive 2014/65/EU”
“distributing units in collective investment undertakings”
distributing units in a UCITS
“durable medium”
“eligible counterparty”
“financial analyst”
“financial instrument”
financial instrument and (if the context requires) designated investment and structured deposit
“funds”
client money that a firm receives or holds for, or on behalf of, a client in the course of, or in connection with, its MiFID business and (if the context requires) its equivalent business of a third country investment firm.
“group”
as defined in article 4(1)(34) of MiFID
“investments”
financial instrument and (if the context requires) designated investment and structured deposit
“investment advice”
“investment firm” and “firm”
“investment research”
“investment service” and “investment services and activities”
investment service and investment services and/or activities or (if the context requires) designated investment business
“market maker”
“periodic statement”
“PRIIPs KID”
“portfolio management” and “portfolio management service”
“professional client”
“professional client covered by Section 1 of Annex II to Directive 2014/65/EU”
“professional client in accordance with Section 2 of Annex II to Directive 2014/65/EU”
“Regulation (EU) No. 1286/2014”
“relevant person”
“retail client”
“shall”
must
“tied agent”
“UCITS KIID”
- (3)
In this sourcebook, where a reproduced provision of an article of the MiFID Org Regulation refers to another part of the MiFID Org Regulation, that other provision must also be read with reference to the table in (2).
Firms to which provisions of the MiFID Org Regulation are applied as if they were rules should use the text of any preamble to the relevant provision marked “EU” to assist in interpreting any such references or cross-references.
Interpretation – “in good time”
- (1)
Certain of the provisions in this sourcebook which implement MiFID require firms to provide clients with information “in good time”.
- (2)
In determining what constitutes the provision of information “in good time”, a firm should take into account, having regard to the urgency of the situation, the client’s need for sufficient time to read and understand the information before taking an investment decision.
- (3)
A client is likely to require more time to review information given on a complex or unfamiliar product or service, or a product or service a client has no experience with, than a client considering a simpler or more familiar product or service, or where the client has relevant prior experience.
[Note: recital 83 of MiFID]
ESMA Guidelines
guidelines on certain aspects of the MiFID suitability requirements which also include guidelines on conduct of business obligations
. See [
https://www.esma.europa.eu/system/files_force/library/esma35-43-869-_fr_on_guidelines_on_suitability.pdf?download=1];guidelines on cross-selling practices. See [https://www.esma.europa.eu/sites/default/files/library/2016-574_en_guidelines_on_cross-selling_practices.pdf ]; and
guidelines on complex debt instruments and structured deposits. See [https://www.esma.europa.eu/sites/default/files/library/2015-1787_-_guidelines_on_complex_debt_instruments_and_structured_deposits.pdf ].