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EU · MiFID II · TITLE II AUTHORISATION AND OPERATING CONDITIONS FOR INVESTMENT FIRMS · CHAPTER IV Provision of investment services and activities by third country firms · Section 1 Provision of services or performance of activities through the establishment of a branch

Article 41 MiFID IIGranting of the authorisation

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

A third-country branch is authorised only if the Article 39 conditions are met and it can comply with the applicable rules, with a decision within six months. Authorised branches must follow key MiFID II organisational and conduct rules and MiFIR transparency and reporting, are supervised by the host authority, may not be treated more favourably than EU firms, and must report annually on their activities, exposures, turnover, investor protection, risk management and governance; ESMA publishes a list of branches.

Amendments and application dates

Amending actChangeApplies from
Directive (EU) 2019/2034Text amended; Provision replacedby 26 Jun 2021

Level 2: delegated and implementing acts

Level 3: ESMA Q&As, guidelines and opinions

  • Q&ALegacy Q&A documentESMA rulebook

    AI summaryESMA's consolidated legacy Q&A document (ESMA70-872942901-38, final version 13 October 2023) on market structure topics, covering data disaggregation, direct electronic access and algorithmic trading, the tick size regime, multilateral and bilateral systems (including OTFs and systematic internalisers) and access to CCPs and trading venues. It is no longer updated; later Q&As are in ESMA's Q&A tool.

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

  • DivergedExplicit reference · 90%

    EU changes after exit: Directive (EU) 2019/2034 (by 26 Jun 2021).

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Version history

  1. From 26 Jun 2021
  2. From 17 Sept 2014 to 26 Jun 2021

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.