MiFID II: Publication of the Irish Regulations

PUBLISHED: 22nd August 2017

Regulations implementing the second Markets in Financial Instruments Directive (MiFID II) in Ireland have been published.

The Minister for Finance, Pascal Donohoe, signed the European Union (Markets in Financial Instruments) Regulations 2017 (the 2017 Regulations) into law on 10 August 2017, fulfilling Ireland's requirement to transpose MiFID II into national law.

The Regulations, which are available here, will come into force on 3 January 2018.

MiFID II governs the provision of investment services in the European Union.  MiFID II is being introduced to reinforce the integrity of the financial system by seeking to ensure it is more transparent and responsible.  

The Regulations provide for the following:

1. authorisation and operating conditions for investment firms
2. provision of investment services or activities by third-country (non-EU) firms through the establishment of a branch
3. authorisation and operation of regulated markets
4. authorisation and operation of data reporting services providers
5. supervision, cooperation and enforcement by competent authorities

MiFID II replaces the first Markets in Financial Instruments Directive (MiFID I), and accordingly the 2017 Regulations revoke the regulations which transposed MiFID I into Irish law, the European Communities (Markets in Financial Instruments) Regulations 2007, as of 3 January 2018.

If you would like any further information as to how MiFID II will affect your business or your plans to apply for a MiFID authorisation in Ireland, please contact a member of our Financial Services team.