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MiFID II: FCA’s Fourth Consultation
22nd December 2016
Fourth Consultation Published
The FCA has now published their fourth consultation on MiFID II implementation - Consultation Paper CP16/43.
This is set to be the final consultation paper with regards to the implementation of MiFID II by the UK regulators and covers various aspects of the new Directive set to be implemented in 2018, in particular those relating to:
In addition, the FCA is proposing a transitional rule for fees relating to draft applications for authorisation in MiFID II that will affect the FCA Fees Manual (FEES) and some new guidance on transaction reporting, which includes the use of Approved Reporting Mechanisms (ARMs) by trading venues.
Whilst the majority of items for the consultation should have comments returned to the FCA by 17th February 2017, those on the new fees proposals should be returned 1 month earlier, by the deadline of 16th January 2017.
In this latest MiFID II consultation, the Financial Conduct Authority is also encouraging firms to prepare for authorisation under the new regime early next year. With this in mind, the FCA is intending to publish a MiFID II Application & Notification Guide early in 2017 to assist firms that wish to apply for authorisations and variation of their permissions linked to those under MiFID II. The guide will also contain the new forms that are required for this purpose.
MiFID II looks to improve and enhance the rules that govern the way capital markets function as well as contribute to the reform of derivatives markets and strengthen the transparency of trading. Although originally set to be implemented next year, it will now come into effect on 3rd January 2018.
Whilst this fourth MiFID II consultation deals with a series of broadly technical FCA Handbook changes the previous three FCA consultations dealt with the following summarised aspects relating to the implementation of MiFID II:
This fourth consultation will affect a broad range of authorised firms in addition to those entities that trade commodity derivatives yet are unregulated. As such, all of the following entities should familiarise themselves with the contents of this consultation and comment should they feel it necessary:
If you are currently reviewing how MiFID II will impact your business and require support or assistance in planning for MiFID II implementation, please contact our experienced regulatory & compliance support team, who would be happy to help.
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MiFID II will now be implemented in Europe in 2018 not 2017 following an extension by the European Commission.