Rulestack

EU · MiFID II · TITLE II AUTHORISATION AND OPERATING CONDITIONS FOR INVESTMENT FIRMS · CHAPTER I Conditions and procedures for authorisation

Article 16a MiFID IIExemptions from product governance requirements

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

Exempts investment firms from the product governance requirements in Article 16(3) and Article 24(2) where the service relates to bonds whose only embedded derivative is a make-whole clause, or where instruments are marketed or distributed exclusively to eligible counterparties.

Amendments and application dates

Amending actChangeApplies from
Directive (EU) 2021/338Provision inserted; Text insertedby 28 Feb 2022

Level 3: ESMA Q&As, guidelines and opinions

  • Q&AAnsweredInferred · 95%
    ESMA · 19 Nov 2021 · the ESMA website

    AI summaryOnly bonds whose sole embedded derivative is a make-whole clause, or instruments distributed exclusively to eligible counterparties, are exempt from MiFID II product governance under Article 16a; plain vanilla bonds and bonds with other embedded derivatives (with or without a make-whole clause) remain in scope, as ESMA's table shows.

  • Q&ALegacy Q&A documentESMA rulebook

    AI summaryESMA's consolidated legacy Q&A document (ESMA35-43-349, final version 15 December 2023) on MiFID II investor protection topics, including best execution, suitability, call recording, inducements and research, costs and charges, client categorisation, third-country firms and product governance. It is no longer updated; Q&As from 2024 are in ESMA's Q&A tool.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

UK transposition not traced in the FCA Handbook. It may sit in FSMA, the Regulated Activities Order or SI 2017/701, which are not yet mapped.

Version history

  1. From 28 Feb 2022

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.