ESMA_QA_1216

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1216


Regulatory Context

Regulation : MIF2

Level 1 Regulation: Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Investor Protection and Intermediaries

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: Best Execution

Subject Matter: Correct classification of Investment Services and Investment Activities


Question

Submission Date: 22 June 2023

Can an investment firm which is licensed under the MiFID II Directive, conduct it business such that it is carrying out an investment activity and not providing an investment service?


ESMA Answer

Answer Date: 05-12-2023

Dear Sir,   Thank you for contacting ESMA.  ESMA is committed to replying to questions from market participants and to develop them to Q&As.   However, due to the significant number of questions received, ESMA is not in the position to address all issues raised by market participants and has to prioritise them. The selection of questions to be developed into Q&As through this web-based tool is done taking into account a number of criteria related to the level of public attention and relevance of the topic from an overall EU perspective, also taking into account the type of stakeholder represented.  Having carefully considered your question and considering the above criteria and current number of questions that have been addressed to us recently, ESMA will unfortunately not be in a position to develop a Q/A in relation to this question.  Despite not being able to provide a Q&A on this occasion ESMA welcomes questions from you also in the future and invites you to take part of numerous Q&As and other guidance the ESMA has developed to seek guidance among that material.   Regards,  ESMA


This document was automatically extracted from the ESMA EMIR Q&A database.