Q&A · ESMA
Appropriateness Complex Financial Instruments
Shares or units in non-UCITS collective investment undertakings are complex per se under Article 25(4)(a) MiFID II and cannot be reassessed as non-complex under Article 57 of the Delegated Regulation, so execution-only services in them require an appropriateness assessment.
Details
| Reference | ESMA_QA_1846 |
|---|---|
| Issuer | ESMA |
| Published | 6 Jun 2017 |
| Answered | 6 Jun 2017 |
| Submitted | 6 Jun 2017 |
| ESMA topics | Appropriateness |
| Earlier Q&A document | ESMA 35-43-349 MiFID II Q&As on Investor protection Ch. 10, question 1 |
Provisions it relates to
- Article 25 MiFID II · Assessment of suitability and appropriateness and reporting to clientsExplicit reference · 90%
- MiFID II (whole act)Explicit reference
Documents it refers to
- Delegated actIn forceExplicit reference · 90%
AI summaryThe main MiFID II Delegated Regulation: defines key terms (such as investment advice, systematic internaliser, algorithmic and high-frequency trading, and direct electronic access) and sets detailed organisational requirements and operating conditions for investment firms, including compliance, conflicts of interest, remuneration, client information, suitability and appropriateness, best execution, client order handling, reporting to clients, record keeping and transaction-level obligations.