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Directive 2014/65/EU - Markets in Financial Instruments Directive II (MiFID II)RecitalsTitle I Scope and definitions (arts. 1-4)Article 1 ScopeArticle 2 ExemptionsArticle 3 Optional exemptionsArticle 4 DefinitionsTitle II Authorisation and operating conditions for investment firms (arts. 5-43)Chapter I Conditions and procedures for authorisation (arts. 5-20)Article 5 Requirement for authorisationDraft Article 5a Procedure to address unauthorised activities offered through digital meansArticle 6 Scope of authorisationArticle 7 Procedures for granting and refusing requests for authorisationArticle 8 Withdrawal of authorisationsArticle 9 Management bodyArticle 10 Shareholders and members with qualifying holdingsArticle 11 Notification of proposed acquisitionsArticle 12 Assessment periodArticle 13 AssessmentArticle 14 Membership of an authorised investor compensation schemeArticle 15 Initial capital endowmentArticle 16 Organisational requirementsDraft Article 16-a Product governance requirementsArticle 16a Exemptions from product governance requirementsArticle 17 Algorithmic tradingArticle 18 Trading process and finalisation of transactions in an MTF and an OTFArticle 19 Specific requirements for MTFsArticle 20 Specific requirements for OTFsChapter II Operating conditions for investment firms (arts. 21-33)Section 1 General provisions (arts. 21-23)Article 21 Regular review of conditions for initial authorisationArticle 22 General obligation in respect of on-going supervisionArticle 23 Conflicts of interestSection 2 Provisions to ensure investor protection (arts. 24-30)Article 24 General principles and information to clientsDraft Article 24a InducementsDraft Article 24b Information on costs, associated charges and third-party paymentsDraft Article 24c Marketing Communications and PracticesDraft Article 24d Professional requirementsArticle 25 Assessment of suitability and appropriateness and reporting to clientsArticle 26 Provision of services through the medium of another investment firmArticle 27 Obligation to execute orders on terms most favourable to the clientArticle 28 Client order handling rulesArticle 29 Obligations of investment firms when appointing tied agentsArticle 29a Services provided to professional clientsArticle 30 Transactions executed with eligible counterpartiesSection 3 Market transparency and integrity (arts. 31-32)Article 31 Monitoring of compliance with the rules of the MTF or the OTF and with other legal obligationsArticle 32 Suspension and removal of financial instruments from trading on an MTF or an OTFSection 4 SME growth markets (art. 33)Article 33 SME growth marketsChapter III Rights of investment firms (arts. 34-38)Article 34 Freedom to provide investment services and activitiesArticle 35 Establishment of a branchDraft Article 35a Reporting of cross-border activitiesArticle 36 Access to regulated marketsArticle 37 Access to CCP, clearing and settlement facilities and right to designate settlement systemArticle 38 Provisions regarding CCPs, clearing and settlement arrangements in respect of MTFsChapter IV Provision of investment services and activities by third-country firms (arts. 39-43)Section 1 Provision of services or performance of activities through the establishment of a branch (arts. 39-42)Article 39 Establishment of a branchArticle 40 Obligation to provide informationArticle 41 Granting of the authorisationArticle 42 Provision of services at the exclusive initiative of the clientSection 2 Withdrawal of authorisations (art. 43)Article 43 Withdrawal of authorisationsTitle III Regulated Markets (arts. 44-56)Article 44 Authorisation and applicable lawArticle 45 Requirements for the management body of a market operatorArticle 46 Requirements relating to persons exercising significant influence over the management of the regulated marketArticle 47 Organisational requirementsArticle 48 Systems resilience, circuit breakers and electronic tradingArticle 49 Tick sizesArticle 50 Synchronisation of business clocksArticle 51 Admission of financial instruments to tradingArticle 51a Specific conditions for the admission of shares to tradingArticle 52 Suspension and removal of financial instruments from trading on a regulated marketArticle 53 Access to a regulated marketArticle 54 Monitoring of compliance with the rules of the regulated market and with other legal obligationsArticle 55 Provisions regarding CCP and clearing and settlement arrangementsArticle 56 List of regulated marketsTitle IV Position limits and position management controls in commodity derivatives and reporting (arts. 57-58)Article 57 Position limits in commodity derivatives and position management controls in commodity derivatives and derivatives of emission allowancesArticle 58 Position reporting by categories of position holdersTitle V Data reporting services (arts. 59-66)Section 1 Authorisation procedures for data reporting services providers (arts. 59-63)Article 59 Requirement for authorisationArticle 60 Scope of authorisationArticle 61 Procedures for granting and refusing requests for authorisationArticle 62 Withdrawal of authorisationsArticle 63 Requirements for the management body of a data reporting services providerSection 2 Conditions for APAs (art. 64)Article 64 Organisational requirementsSection 3 Conditions for CTPs (art. 65)Article 65 Organisational requirementsSection 4 Conditions for ARMs (art. 66)Article 66 Organisational requirementsTitle VI Competent authorities (arts. 67-88)Chapter I Designation, powers and redress procedures (arts. 67-78)Article 67 Designation of competent authoritiesArticle 68 Cooperation between authorities in the same Member StateArticle 69 Supervisory powersArticle 70 Sanctions for infringementsArticle 71 Publication of decisionsArticle 72 Exercise of supervisory powers and powers to impose sanctionsArticle 73 Reporting of infringementsArticle 74 Right of appealArticle 75 Extra-judicial mechanism for consumers complaintsArticle 76 Professional secrecyArticle 77 Relations with auditorsArticle 78 Data protectionChapter II Cooperation between the competent authorities of the Member States and with ESMA (arts. 79-87a and draft art. 87a)Article 79 Obligation to cooperateArticle 80 Cooperation between competent authorities in supervisory activities, for on-site verifications or investigationsArticle 81 Exchange of informationArticle 82 Binding mediationArticle 83 Refusal to cooperateArticle 84 Consultation prior to authorisationArticle 85 Powers for host Member StatesArticle 86 Precautionary measures to be taken by host Member StatesArticle 87 Cooperation and exchange of information with ESMAArticle 87a Accessibility of information on the European single access pointDraft Article 87a Collaboration platformsChapter III Cooperation with third countries (art. 88)Article 88 Exchange of information with third countriesDraft Title VIA Financial Education (draft arts. 88a-88b)Draft Article 88a Financial education of retail clients and prospective retail clientsDraft Article 88b Financial education and marketing communicationTitle VII Delegated acts (arts. 89-97)Article 89 Exercise of the delegationArticle 89a Committee procedureFinal provisions (arts. 90-97)Article 90 Reports and reviewArticle 91 Amendments to Directive 2002/92/ECArticle 92 Amendments to Directive 2011/61/EUArticle 93 TranspositionArticle 94 RepealArticle 95 Transitional provisionsArticle 95a Transitional provision on the authorisation of credit institution referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013Article 96 Entry into forceArticle 97 AddresseesAnnex I Lists of services and activities and financial instrumentsAnnex II Professional clients for the purpose of this DirectiveAnnex IIIAnnex III, Part A Repealed Directive with list of its successive amendmentsAnnex III, Part B List of time-limits for transposition into national lawAnnex IV Correlation table referred in Article 94Draft Annex V Minimum professional knowledge and competence requirements (as referred to in Article 24d(2))Done at
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AI Summary of Article 70 Sanctions for infringements

Member States are mandated to establish rules enabling competent authorities to impose effective, proportionate, and dissuasive administrative sanctions for infringements of both this Directive and Regulation (EU) No 600/2014. Such measures include a range of sanctions applicable to both natural and legal persons responsible for non-compliance.

Specific infringements outlined include failure to provide investment services without requisite authorisation and non-cooperation during investigations. Member States must notify the European Commission and ESMA of applicable rules by 3 July 2017, including any relevant criminal law provisions.

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Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 28 March 2024 - onwards
Version 5 of 5

Article 70 Sanctions for infringements

DRAFT Point added Article 1 Amendments to Directive 2014/65/EU of the Proposal for a Directive of the European Parliament and of the Council amending Directives (EU) 2009/65/EC, 2009/138/EC, 2011/61/EU, 2014/65/EU and (EU) 2016/97 as regards the Union retail investor protection rules (Text with EEA relevance) (COM(2023) 279 final / 2023/0167 (COD)) (updated 13 May 2025 with Information Note - list of WKs published from 1 July to 31 December 2024)
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DRAFT Paragraph replaced Article 3 Amendments to Directive 2014/65/EU of the Proposal for a Directive of the European Parliament and of the Council amending Directives 2009/65/EC, 2011/61/EU and 2014/65/EU as regards the further development of capital market integration and supervision within the Union (COM(2025) 942 final / 2025/0382 (COD))
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1. Without prejudice to the supervisory powers including investigatory powers and powers to impose remedies of competent authorities in accordance with Article 69 and the right for Member States to provide for and impose criminal sanctions, Member States shall lay down rules on and ensure that their competent authorities may impose administrative sanctions and measures applicable to all infringements of this Directive or of Regulation (EU) No 600/2014 and the national provisions adopted in the implementation of this Directive and of Regulation (EU) No 600/2014, and shall take all measures necessary to ensure that they are implemented. Such sanctions and measures shall be effective, proportionate and dissuasive and shall apply to infringements even where they are not specifically referred to in paragraphs 3, 4 and 5.

Member States may decide not to lay down rules for administrative sanctions for infringements which are subject to criminal sanctions under their national law. In that case, Member States shall communicate to the Commission the relevant criminal law provisions.

By 3 July 2017 Member States shall notify the laws, regulations and administrative provisions transposing this Article, including any relevant criminal law provisions, to the Commission and ESMA. Member States shall notify the Commission and ESMA without undue delay of any subsequent amendments thereto.

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