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The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020

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This is the original version (as it was originally made).

Regulatory decisions for the purposes of Article 46(2) of MiFIR

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5.  The FCA may register a firm established in an EEA state that has applied in relation to the provision of investment services or the performance of activities listed in Article 46(1) of MiFIR in the United Kingdom, for the purposes of Article 46(2) of MiFIR, only where the following conditions are met—

(a)an equivalence direction has been made that makes a determination in relation to that EEA state for the purposes set out in paragraph 8 of Schedule 1 to the 2019 Regulations;

(b)the firm is authorised in the jurisdiction where its head office is established to provide the investment services or activities to be provided in the United Kingdom and it is subject to effective supervision and enforcement ensuring a full compliance with the requirements applicable in that EEA state; and

(c)relevant cooperation arrangements have been established in relation to that EEA state.

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