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EU · MiFID II · TITLE I SCOPE AND DEFINITIONS

Article 3 MiFID IIOptional exemptions

In force
Read the official text on EUR-Lex(opens in a new tab)
AI-generated What this provision does

Lets Member States exempt from MiFID II nationally regulated firms that do not hold client assets and only receive and transmit orders in transferable securities and fund units or advise on them (passing orders to authorised firms or funds), and certain firms hedging commodity or emission allowance risks for local energy undertakings or ETS operators. Exempt firms must meet analogous national rules on authorisation, conduct and organisation, belong to an investor compensation scheme (or hold equivalent insurance), and cannot passport.

Level 3: ESMA Q&As, guidelines and opinions

  • Q&AAnsweredESMA rulebook
    ESMA · 23 Feb 2026 · the ESMA website

    AI summaryTied agents are relevant persons, so the requirement in Article 27(4) of the MiFID II Delegated Regulation to balance fixed and variable remuneration applies to them, though Recital 41 allows a larger variable share given their special status; Member States using the Article 3 exemption must apply at least analogous remuneration rules.

Commentary

No law-firm commentary is linked to this provision yet.

393 more documents relate to MiFID II as a whole without naming an article.

UK counterpart

UK transposition not traced in the FCA Handbook. It may sit in FSMA, the Regulated Activities Order or SI 2017/701, which are not yet mapped.

Version history

  1. From 17 Sept 2014

Each entry is a consolidated version of the act on EUR-Lex in which this provision appears. The text itself is on the official site.