The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017

Notifications, reports, and applications relating to the markets in financial instruments directive or the markets in financial instruments regulation

47.—(1) The FCA may direct the manner in which a person must—

(a) notify the FCA, for the purposes of Article 2.1(j)(exemptions) of the markets in financial instruments directive, that the person is making use of the exemption under Article 2.1(j) of that directive;

(b) report to the FCA, for the purposes of the final point of Article 2.1(j) (exemptions) of the markets in financial instruments directive, the basis on which a person considers an activity under that Article to be ancillary to that person’s main business;

(c) make an application for—

(i) a waiver under Article 4 (waivers for equity instruments) of the markets in financial instruments regulation;

(ii) an authorisation under Article 7 (authorisation of deferred publication) of the markets in financial instruments regulation;

(iii) a waiver under Article 9 (waivers for non-equity instruments) of the markets in financial instruments regulation; and

(iv) an authorisation under Article 11 (authorisation of deferred publication) of the markets in financial instruments regulation.

(2) An application mentioned in paragraph (1)(c) must contain or be accompanied by such information as the FCA may reasonably require for the purpose of determining the application.

(3) At any time after receiving an application mentioned in paragraph (1)(c) and before determining it the FCA may require the applicant to provide the FCA with such further information as the FCA reasonably considers necessary to enable the FCA to determine the application.

(4) The FCA may give different directions, and may impose different requirements, in relation to different applications.