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EU · MiFIR · TITLE III TRANSPARENCY FOR SYSTEMATIC INTERNALISERS AND INVESTMENT FIRMS TRADING OTC AND TICK SIZE REGIME FOR SYSTEMATIC INTERNALISERS

Article 23 MiFIRTrading obligation for investment firms

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

Share trading obligation, narrowed by the 2024 review: investment firms must trade shares with an EEA ISIN that are traded on a venue on a regulated market, MTF, SI or equivalent third-country venue, unless traded on a third-country venue in local or non-EEA currency, or between eligible and professional counterparties without contributing to price discovery. Firms operating internal matching systems that execute client orders multilaterally must be authorised as MTFs.

Amendments and application dates

Amending actChangeApplies from
Regulation (EU) 2024/791Text amended28 Mar 2024

Level 2: delegated and implementing acts

Level 3: ESMA Q&As, guidelines and opinions

  • Q&AAnsweredInferred · 95%
    ESMA · 19 Dec 2025 · the ESMA website

    AI summaryThe share trading obligation does not apply to primary market transactions (including accelerated bookbuilds of new shares) but does apply to block trades, buy-backs and bookbuilds of existing shares (which may use the negotiated or LIS waivers); ESMA also covers employee share plans, error corrections and odd lots from corporate actions.

  • Q&AAnsweredInferred · 95%
    ESMA · 15 Nov 2017 · the ESMA website

    AI summaryWhere orders in shares pass through a chain of firms, every EU investment firm in the chain, whether originating or broking, must ensure the final execution complies with the share trading obligation in Article 23(1) MiFIR, even if a non-EEA firm executes.

  • OpinionPublishedESMA rulebook

    AI summaryESMA opinion (ESMA70-156-117) on when an OTC derivative counts as 'traded on a trading venue' (TOTV) for MiFIR transparency, transaction reporting and reference data: only where it shares the same reference data details as a derivative traded on a venue, as identified by its ISIN; ESMA will monitor how the concept is applied.

  • Q&ALegacy Q&A documentESMA rulebook

    AI summaryESMA's consolidated legacy Q&A document on MiFID II and MiFIR transparency (final version 27 October 2023, printed with the reference ESMA70-1562901-35), covering equity and non-equity transparency, pre-trade waivers, the double volume cap, the systematic internaliser regime, data reporting services providers and third-country issues. It is no longer updated; later Q&As are in ESMA's Q&A tool.

Consultations

  • ConsultationClosed 24 Sept 2021Inferred · 70%
    HM Treasury · 1 Jul 2021 · GOV.UK

    AI summaryHM Treasury's post-Brexit review of the UK wholesale capital markets regime (UK MiFID/MiFIR): proposals to clarify the regulatory perimeter, remove restrictions on accessing liquidity (such as the trading obligations), recalibrate fixed income and derivatives transparency, reform the commodities regime and amend the market data regime. Ran 2 July to 24 September 2021; the government's response (78 responses) confirmed it is taking the reforms forward.

Commentary

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

219 more documents relate to MiFIR as a whole without naming an article.

UK counterpart

  • Article 23 UK MiFIR · Investment firms operating internal matching systems
    UK MiFIR

    Revocation enacted by Financial Services and Markets Act 2023; no commencement date yet.

    DivergedExplicit reference

    EU changes after exit: Regulation (EU) 2024/791 (from 28 Mar 2024). UK changes after onshoring: Financial Services and Markets Act 2023 (from 29 Aug 2023). UK revocation enacted (Financial Services and Markets Act 2023), not yet commenced.

Version history

  1. From 28 Mar 2024
  2. From 2 Jul 2014 to 28 Mar 2024

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.