Q&A · ESMA
Inducements
To meet the quality-enhancement test in Article 11(2)(a) of the MiFID II Delegated Directive, an inducement must fund an additional or higher-level service that goes beyond what is legally required, is provided to the client concerned and is proportionate to the inducements received; ESMA gives examples and stresses a case-by-case assessment.
Details
| Reference | ESMA_QA_1121 |
|---|---|
| Issuer | ESMA |
| Published | 31 Mar 2021 |
| Answered | 31 Mar 2021 |
| Submitted | 31 Mar 2021 |
| ESMA topics | Inducements |
| Earlier Q&A document | ESMA 35-43-439 Investor protection Inducements Q&A 8 |
Provisions it relates to
- Article 24 MiFID II · General principles and information to clientsInferred · 90%
- MiFID II (whole act)Explicit reference
Documents it refers to
- Delegated actIn forceExplicit reference · 90%
AI summaryThe MiFID II Delegated Directive on safeguarding client financial instruments and funds (deposits, use of client assets, title transfer collateral, a single officer responsible, auditor reports), product governance duties for manufacturers and distributors, and inducements, including rules for independent advice, portfolio management and research. Since amended, including by Delegated Directives 2021/1269 (sustainability) and 2026/374 (research payment).