AI Summary of Article 44 Authorisation and applicable law
Member States are required to grant authorisation as a regulated market solely to those systems that meet the stipulations outlined in the relevant regulations. The market operator must furnish comprehensive operational information to the competent authority to affirm compliance with these obligations at the point of initial authorisation.
Additionally, Member States must oversee the market operator’s adherence to these requirements, ensuring continuous compliance post-authorisation. Withdrawal of authorisation can occur under specific conditions, including failure to utilise the authorisation or serious regulatory breaches, with notifications to ESMA mandated regarding such withdrawals.
Article 44 Authorisation and applicable law
1. Member States shall reserve authorisation as a regulated market to those systems which comply with this Title.
Authorisation as a regulated market shall be granted only where the competent authority is satisfied that both the market operator and the systems of the regulated market comply at least with the requirements laid down in this Title.
In the case of a regulated market that is a legal person and that is managed or operated by a market operator other than the regulated market itself, Member States shall establish how the different obligations imposed on the market operator under this Directive are to be allocated between the regulated market and the market operator.
The market operator shall provide all information, including a programme of operations setting out, inter alia, the types of business envisaged and the organisational structure, necessary to enable the competent authority to satisfy itself that the regulated market has established, at the time of initial authorisation, all the necessary arrangements to meet its obligations under this Title.