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Delegated act · European Commission

Commission Delegated Directive (EU) 2017/593 of 7 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to safeguarding of financial instruments and funds belonging to clients, product governance obligations and the rules applicable to the provision or reception of fees, commissions or any monetary or non-monetary benefits

In force
Read the official text on EUR-Lex(opens in a new tab)
AI-generated Summary

The MiFID II Delegated Directive on safeguarding client financial instruments and funds (deposits, use of client assets, title transfer collateral, a single officer responsible, auditor reports), product governance duties for manufacturers and distributors, and inducements, including rules for independent advice, portfolio management and research. Since amended, including by Delegated Directives 2021/1269 (sustainability) and 2026/374 (research payment).

Details

ReferenceDelegated Directive (EU) 2017/593
IssuerEuropean Commission
Published31 Mar 2017
CELEX32017L0593
In force / applies from20 Apr 2017

Documents that refer to it

  • Q&AAnsweredExplicit reference
    ESMA · 2 Oct 2023 · the ESMA website

    AI summaryIn a Commission answer, firms setting the negative target market for a product that does not consider sustainability factors must also consider any clients' sustainability-related objectives the product is incompatible with, though depending on the product this may result in no negative target market for that criterion.

  • Q&AAnsweredExplicit reference · 90%
    ESMA · 16 Dec 2016 · the ESMA website

    AI summaryFor independent advisers and portfolio managers, third-party material is a minor non-monetary benefit only if it is not substantive in content, such as short-term market commentary; substantive research is research subject to Article 13 of the Delegated Directive whatever the provider calls it.

  • Q&AAnsweredExplicit reference · 90%
    ESMA · 6 Nov 2020 · the ESMA website

    AI summaryManufacturers must design charging structures that the target market can understand: no artificially low introductory costs, unnecessarily complex fee formulas, excessive or split cost components or duplicated fees, and testing of disclosures where costs are particularly complex.

  • Q&ARejectedExplicit reference
    ESMA · 8 Aug 2024 · the ESMA website

    AI summaryAsked, in Spanish, what happens when staff whose MiFID knowledge and competence certification is current miss the annual refresher training, for example while on sick leave: must they redo the full course? ESMA rejected the question, so there is no answer.

  • Q&ARejectedExplicit reference
    ESMA · 3 Dec 2025 · the ESMA website

    AI summaryAsked whether the investment firm or the third party it pays (such as a law or accounting firm) must provide the quality enhancement required for inducements under Article 24(9) MiFID II. ESMA rejected the question, so there is no answer.

  • Q&AAnsweredExplicit reference
    ESMA · 28 Feb 2025 · the ESMA website

    AI summaryIn a Commission answer, dividends paid to a majority shareholder of a small closely held firm who is also an employee, manager and board member count as remuneration under Article 2(5) of the MiFID II Delegated Regulation, so the remuneration policy rules in Article 27 apply.

  • Q&AAnsweredExplicit reference · 90%
    ESMA · 23 Mar 2018 · the ESMA website

    AI summaryMacro-economic analysis can be research paid from a research payment account if it meets Recital 28 of the MiFID II Delegated Directive, informing views on instruments, issuers or markets and suggesting an investment strategy, as ESMA considers most macro-economic analysis does.

  • Q&AAnsweredExplicit reference · 90%
    ESMA · 16 Dec 2016 · the ESMA website

    AI summaryMoney in a research payment account belongs to the investment firm once charged to clients, but must be controlled by the firm and used only to buy research for clients; it becomes client money only when rebated, and the firm should align charges with research spending and keep control if administration is outsourced.

  • Q&AAnsweredExplicit reference · 90%
    ESMA · 28 May 2020 · the ESMA website

    AI summaryThe definition of acceptable minor non-monetary benefits in Article 12(3) of the MiFID II Delegated Directive applies to every investment and ancillary service, not only portfolio management and independent advice, and such benefits may be described generically in disclosures.

  • Q&AAnsweredExplicit reference
    ESMA · 11 Mar 2024 · the ESMA website

    AI summaryIn a Commission answer, firms setting the negative target market of a product that does not consider sustainability factors must consider any clients' sustainability-related objectives the product is incompatible with, though depending on the product this may lead to no negative target market for that criterion.

  • Q&AAnsweredExplicit reference · 90%
    ESMA · 6 Nov 2020 · the ESMA website

    AI summaryTo show that costs do not undermine a product's return expectations (Article 9(12)(b) of the MiFID II Delegated Directive), manufacturers should simulate returns net of all implicit and explicit costs at the design stage, for example by scenario analysis, Monte Carlo methods, the PRIIPs moderate scenario, comparison with similar products or fair-value calculations, using robust, documented methods that also reflect typical taxes.

  • Q&AAnsweredExplicit reference · 90%
    ESMA · 6 Nov 2020 · the ESMA website

    AI summaryManufacturers must have robust, documented, management-approved procedures to identify and quantify all product and likely service costs (including inducements) and to check that the cost structure, including how costs accrue, suits the target market, for example avoiding high up-front costs for clients with short horizons.

  • Q&ARejectedExplicit reference
    ESMA · 10 Jun 2024 · the ESMA website

    AI summaryAsked whether underwriting or placing fees that do not depend on the number of securities placed are inducements, and how they should be disclosed to investors. ESMA rejected the question, so there is no answer.

  • Q&AAnsweredExplicit reference · 90%
    ESMA · 31 Mar 2021 · the ESMA website

    AI summaryTo meet the quality-enhancement test in Article 11(2)(a) of the MiFID II Delegated Directive, an inducement must fund an additional or higher-level service that goes beyond what is legally required, is provided to the client concerned and is proportionate to the inducements received; ESMA gives examples and stresses a case-by-case assessment.

FCA Handbook

Handbook provisions whose source note cites it:

  • COBS 2.3A.8R · Fees, commissions or non-monetary benefits which are designed to enhance the quality of a service
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3A.9R · Fees, commissions or non-monetary benefits which are designed to enhance the quality of a service
    COBS Conduct of Business Sourcebook · in force from 1 Oct 2018
  • COBS 2.3A.10R · Disclosure of payments or benefits received from, or paid to, third parties
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3A.11R · Disclosure of payments or benefits received from, or paid to, third parties
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3A.12R · Disclosure of payments or benefits received from, or paid to, third parties
    COBS Conduct of Business Sourcebook · in force from 1 Oct 2018
  • COBS 2.3A.13R · Disclosure of payments or benefits received from, or paid to, third parties
    COBS Conduct of Business Sourcebook · in force from 23 Oct 2025
  • COBS 2.3A.14R · Disclosure of payments or benefits received from, or paid to, third parties
    COBS Conduct of Business Sourcebook · in force from 1 Oct 2018
  • COBS 2.3A.15R · Inducements relating to the provision of independent advice, restricted advice and portfolio management services to retail clients in the United Kingdom
    COBS Conduct of Business Sourcebook · in force from 1 Oct 2018
  • COBS 2.3A.16R · Inducements relating to the provision of independent advice and portfolio management services to retail clients outside the United Kingdom or to professional clients
    COBS Conduct of Business Sourcebook · in force from 1 Oct 2018
  • COBS 2.3A.19R · Acceptable minor non-monetary benefits
    COBS Conduct of Business Sourcebook · in force from 23 Oct 2025
  • COBS 2.3A.21G · Acceptable minor non-monetary benefits
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3A.22G · Acceptable minor non-monetary benefits
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3A.32R · Record keeping: inducements
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.3R · Receiving third party research without it constituting an inducement
    COBS Conduct of Business Sourcebook · in force from 1 Aug 2024
  • COBS 2.3B.4R · Conditions relating to the operation of the research payment account
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.5R · Conditions relating to the operation of the research payment account
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.7R · Conditions relating to the operation of the research payment account
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.8R · Conditions relating to the operation of the research payment account
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.11R · Governance and oversight of research payment accounts
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.12R · Governance and oversight of research payment accounts
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.13G · Governance and oversight of research payment accounts
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.16R · Other operational arrangements for research payment accounts
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.17G · Other operational arrangements for research payment accounts
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.18R · Other operational arrangements for research payment accounts
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3B.20R · Disclosure on request of payments made from a research payment account
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3C.2R · Requirement on a firm that executes orders and provides research to price and supply services separately
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • COBS 2.3C.4G · Requirement on a firm that executes orders and provides research to price and supply services separately
    COBS Conduct of Business Sourcebook · in force from 3 Jan 2018
  • CASS Client Assets · in force from 9 Dec 2019
  • CASS 1A.3.1AR · The senior managers regime and the certification regime
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 1A.3.2AR · The senior managers regime and the certification regime
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.1.6R · Title transfer collateral arrangements
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.1.6DR · Title transfer collateral arrangements
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.2.2R · Requirement to have adequate organisational arrangements
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.3.1R · Depositing safe custody assets with third parties
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.3.4R · Depositing safe custody assets with third parties
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.3.4A-1 · Depositing safe custody assets with third parties
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.3.6AR · Third-party custody agreements
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.4.1R · Non-retail clients
    CASS Client Assets · in force from 25 Sept 2026
  • CASS 6.4.1BG · Non-retail clients
    CASS Client Assets · in force from 25 Sept 2026
  • CASS 6.4.1CR · All clients
    CASS Client Assets · in force from 25 Sept 2026
  • CASS 6.4.2AR · All clients
    CASS Client Assets · in force from 25 Sept 2026
  • CASS 6.4.2BG · All clients
    CASS Client Assets · in force from 26 Jun 2026
  • CASS 6.4.3R · All clients
    CASS Client Assets · in force from 25 Sept 2026
  • CASS 6.6.2R · Records and accounts
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.6.3R · Records and accounts
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 6.6.34R · External custody reconciliations
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.10.16R · Credit institutions and approved banks
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.11.1R · Title transfer collateral arrangements
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.11.4AR · Title transfer collateral arrangements
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.12.2R · Requirement to have adequate organisational arrangements
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.3R · Depositing client money
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.8R · Selection, appointment and review of third parties
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.10R · Selection, appointment and review of third parties
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.12R · Client bank accounts
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.20R · Diversification of client money
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.21R · Diversification of client money
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.21AR · Diversification of client money
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.22R · Diversification of client money
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.26R · Qualifying money market funds
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.13.28R · Qualifying money market funds
    CASS Client Assets · in force from 3 Jan 2018
  • CASS Client Assets · in force from 3 Jan 2018
  • CASS Client Assets · in force from 3 Jan 2018
  • CASS 7.15.20R · External client money reconciliations
    CASS Client Assets · in force from 3 Jan 2018
  • CASS 10.1.7R · General provisions
    CASS Client Assets · in force from 3 Jan 2018
  • PROD 3.1.2R · Proportionate application of rules
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.6R · Manufacture by more than one firm
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.7R · Manufacture by more than one firm
    PROD Product Intervention and Product Governance Sourcebook · in force from 1 Jan 2021
  • PROD 3.2.8R · Target market
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.9G · Target market
    PROD Product Intervention and Product Governance Sourcebook · in force from 19 Jan 2026
  • PROD 3.2.10R · Target market
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.11R · Target market
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.12R · Product testing
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.13R · Product testing
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.14R · Product testing
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.15R · Product testing
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.16R · Information disclosure to distributors
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.19R · Review of financial instruments
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.26R · Review of financial instruments
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.28R · Conflicts of interest
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.30R · Conflicts of interest
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.32R · Oversight and training requirements
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.33R · Oversight and training requirements
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.2.36R · Compliance reports
    PROD Product Intervention and Product Governance Sourcebook · in force from 1 Jan 2021
  • PROD 3.3.3R · Obtaining information from manufacturers
    PROD Product Intervention and Product Governance Sourcebook · in force from 1 Jan 2021
  • PROD 3.3.8G · Distributing financial instruments manufactured by firms to whom PROD 3.2 does not apply including third country firms
    PROD Product Intervention and Product Governance Sourcebook · in force from 19 Jan 2026
  • PROD 3.3.9R · Target market and distribution strategy
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.14R · Target market and distribution strategy
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.15R · Target market and distribution strategy
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.16R · Target market and distribution strategy
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.19G · Target market and distribution strategy
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.20R · Oversight and training requirements
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.21R · Oversight and training requirements
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.22R · Oversight and training requirements
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.25R · Compliance reports
    PROD Product Intervention and Product Governance Sourcebook · in force from 1 Jan 2021
  • PROD 3.3.29G · Post-sale review
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.31G · Information sharing
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • PROD 3.3.33R · Responsibilities in chains of distributors
    PROD Product Intervention and Product Governance Sourcebook · in force from 3 Jan 2018
  • SUP 3.10.7R · Client assets report: timing of submission
    SUP Supervision · in force from 3 Jan 2018

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