European Union (Markets in Financial Instruments) Regulations 2017 (MiFID II) [S.I. No. 375 of 2017]

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Version status: In force | Document consolidation status: Updated to reflect all known changes

Published date: 10 August 2017

Consolidation Status: Updated to reflect all known changes

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	Introductory Text
	Part 1 Preliminary (regs. 1-4)
In force	Regulation 1 Citation and commencement
In force	Regulation 2 General purpose of Regulations and application of certain provisions
In force	Regulation 3 Interpretation
In force	Regulation 4 Exemptions
	Part 2 Authorisation of Investment Firms (regs. 5-16)
In force	Regulation 5 Requirement for authorisation (and certain provisions concerning MTFs and OTFs)
In force	Regulation 6 Bank to establish and maintain register of authorised investment firms
In force	Regulation 7 Requirements of investment firm authorisations
In force	Regulation 8 Application to Bank for authorisation
In force	Regulation 9 Prerequisites to granting authorisation
In force	Regulation 10 Time limits for grant or refusal of applications for authorisation
In force	Regulation 11 Unincorporated investment firms - special provisions
In force	Regulation 12 Scope of authorisation
In force	Regulation 13 Withdrawal of authorisation by Bank
In force	Regulation 14 Revocation of authorisation by Court
In force	Regulation 15 Notice of proposed withdrawal of authorisation and publication of withdrawal
In force	Regulation 16 Prohibition against false or misleading application for investment firm authorisation
	Part 3 Regulation and Supervision of Investment Firms (regs. 17-27)
	Chapter 1 Management bodies and persons with qualifying holdings (regs. 17-18)
In force	Regulation 17 Management bodies
In force	Regulation 18 Shareholders and members with qualifying holdings
	Chapter 2 Proposed acquisitions and disposals (regs. 19-22)
In force	Regulation 19 Interpretation of Chapter
In force	Regulation 20 Notification of proposed acquisitions
In force	Regulation 21 Assessment period
In force	Regulation 22 Assessment
	Chapter 3 Organisational requirements (regs. 23-27)
In force	Regulation 23 Organisational requirements
In force	Regulation 23A Exemptions from product governance requirements
In force	Regulation 24 Algorithmic trading
In force	Regulation 25 Trading process and finalisation of transactions in MTF and OTF
In force	Regulation 26 Specific requirements for MTFs
In force	Regulation 27 Specific requirements for OTFs
	Part 4 Operating Conditions for Investment Firms (regs. 28-41)
	Chapter 1 General provisions (regs. 28-30)
In force	Regulation 28 Regular review of conditions for initial authorisation
In force	Regulation 29 General obligation in respect of on-going supervision
In force	Regulation 30 Conflicts of interest
	Chapter 2 Provisions to ensure investor protection (regs. 31-38)
In force	Regulation 31 Duty to act in interests of clients and comply with principles
In force	Regulation 32 General principles and information to clients
In force	Regulation 33 Assessment of suitability and appropriateness and reporting to clients
In force	Regulation 34 Provision of services through the medium of another investment firm
In force	Regulation 35 Obligation to execute orders on terms most favourable to client
In force	Regulation 36 Client order handling rules
In force	Regulation 37 Obligations of investment firms when appointing tied agents
In force	Regulation 37A Services provided to professional clients
In force	Regulation 38 Transactions executed with eligible counterparties
	Chapter 3 Market transparency and integrity (regs. 39-40)
In force	Regulation 39 Monitoring of compliance with rules of MTF or OTF and with other legal obligations
In force	Regulation 40 Suspension and removal of financial instruments from trading on MTF or OTF
	Chapter 4 SME growth markets (reg. 41)
In force	Regulation 41 SME growth markets
	Part 5 Rights of EU Investment Firms and Credit Institutions (regs. 42-47)
In force	Regulation 42 Freedom to provide investment services and activities
In force	Regulation 43 Member State investment firms and Member State credit institutions establishing branches in the State
In force	Regulation 44 Authorised investment firms and credit institutions establishing branches in other Member States
In force	Regulation 45 Access to regulated markets
In force	Regulation 46 Access to central counterparty, clearing and settlement facilities and right to designate settlement system
In force	Regulation 47 Provisions regarding central counterparty, clearing and settlement arrangements in respect of MTFs
	Part 6 Provision of Investment Services and Investment Activities to Certain Clients by third Country Firms (regs. 48-52)
In force	Regulation 48 Provision of services or performance of activities to certain clients through establishment of branch
In force	Regulation 49 Obligation to provide information to Bank etc.
In force	Regulation 50 Granting of authorisation
In force	Regulation 51 Provision of service at exclusive use of the client
In force	Regulation 52 Withdrawal of authorisation
	Part 7 Regulated Markets (regs. 53-80)
In force	Regulation 53 Prerequisites for authorisation to operate regulated market
In force	Regulation 54 Applicable law to trading conducted on domestic regulated market
In force	Regulation 55 Application to Bank for authorisation to operate regulated market
In force	Regulation 56 Grant of authorisation by Bank
In force	Regulation 57 Refusal of authorisation by Bank
In force	Regulation 58 Power of Bank to obtain further information
In force	Regulation 59 Prohibition against false or misleading application to operate regulated market
In force	Regulation 60 Compliance by market operators of regulated market
In force	Regulation 61 Review and monitoring by Bank
In force	Regulation 62 Withdrawal of authorisation
In force	Regulation 63 Revocation of authorisation by Court
In force	Regulation 64 Bank to give notice of proposed withdrawal of authorisation
In force	Regulation 65 Publication of withdrawal of authorisation
In force	Regulation 66 Requirements for management body of market operator
In force	Regulation 67 Nomination committee
In force	Regulation 68 Further requirements
In force	Regulation 69 Requirements relating to persons exercising significant influence over management of regulated market
In force	Regulation 70 Organisational requirements
In force	Regulation 71 Execution of client orders, etc. in certain circumstances: prohibition
In force	Regulation 72 Systems resilience, circuit breakers and electronic trading
In force	Regulation 73 Tick sizes
In force	Regulation 74 Synchronisation of business clocks
In force	Regulation 75 Admission of financial instruments to trading
In force	Regulation 76 Suspension and removal of instruments from trading on regulated market
In force	Regulation 77 Access to regulated market
In force	Regulation 78 Monitoring of compliance with rules of regulated market and with other legal obligations
In force	Regulation 79 Provisions regarding central counterparty and clearing and settlement arrangements
In force	Regulation 80 List of regulated markets
	Part 8 Position Limits and Position Management Controls in Commodity Derivatives and Reporting (regs. 81-82)
In force	Regulation 81 Position limits and position management in commodity derivatives positions
In force	Regulation 82 Position reporting by categories of position holders
	Part 9 Data Reporting Services (regs. 83-87)
Revoked	Regulation 83 Requirement for authorisation
Revoked	Regulation 84 Scope of authorisation
Revoked	Regulation 85 Procedures for granting and refusing requests for authorisation
Revoked	Regulation 86 Withdrawal of authorisation of data reporting services provider
Revoked	Regulation 87 Requirements for management body of data reporting services provider
	Part 10 Conditions for APAs, CTPs and ARMs (regs. 88-90)
Revoked	Regulation 88 Organisational requirements for APAs
Revoked	Regulation 89 Organisational requirements for CTPs
Revoked	Regulation 90 Organisational requirements of ARMs
	Part 11 The Bank as Competent Authority (regs. 91-131)
	Chapter 1 Designation, powers and redress procedures (regs. 91-93)
In force	Regulation 91 Bank to be competent authority
In force	Regulation 92 Supervisory powers of Bank as competent authority
In force	Regulation 93 Delegations, etc
	Chapter 2 Appointment of Authorised Officers, Appointment of Inspectors, their powers and related matters (regs. 94-111)
In force	Regulation 94 Power to appoint authorised officers
In force	Regulation 95 Function of authorised officers and their powers in that regard
In force	Regulation 96 Search warrant
In force	Regulation 97 Appointment of inspector by Court
In force	Regulation 98 Power of inspector to extend investigation
In force	Regulation 99 Direction to inspector by Court
In force	Regulation 100 Powers of inspection
In force	Regulation 101 Expenses of and fees relating to an investigation
In force	Regulation 102 Inspectors' reports and proceedings thereon
In force	Regulation 103 Powers of Court following consideration of reports
In force	Regulation 104 Appointment of inspector by Bank
In force	Regulation 105 Search and seizure
In force	Regulation 106 Admissibility in evidence of reports of inspectors
In force	Regulation 107 Privilege
In force	Regulation 108 Consent to publication of information
In force	Regulation 109 Privilege
In force	Regulation 110 Obstruction, failure to cooperate etc. - offences
In force	Regulation 111 Power of Bank to issue directions to non-regulated financial service providers
	Chapter 3 Enforcement in relation to non-regulated financial service providers (regs. 112-118)
In force	Regulation 112 Interpretation (Part 11, Chapter 3)
In force	Regulation 113 Bank may appoint assessor
In force	Regulation 114 Revocation of appointment of assessor
In force	Regulation 115 Power to require witnesses to appear and give evidence
In force	Regulation 116 Referral to the Court on a question of law
In force	Regulation 117 Assessee to be issued copy of any adverse assessment, etc
In force	Regulation 118 Right of appeal against adverse assessment (including specified sanctions)
	Chapter 4 Sanctions (regs. 119-131)
In force	Regulation 119 Sanctions for contraventions
In force	Regulation 120 Power to correct assessments
In force	Regulation 121 When specified sanctions take effect
In force	Regulation 122 Enforcement of adverse assessment (including specified sanctions)
In force	Regulation 123 Person not liable to be penalised twice for same contravention
In force	Regulation 124 Power of the Bank to resolve certain contraventions etc
In force	Regulation 125 False etc. information
In force	Regulation 126 Publication of decisions
In force	Regulation 127 Exercise of supervisory powers and powers to impose sanctions
In force	Regulation 128 Reporting of infringements
In force	Regulation 129 Right of appeal
In force	Regulation 130 Relations with auditors
In force	Regulation 131 Amendment of Act of 1942
	Part 12 Cooperation Between Competent Authorities and with ESMA (regs. 132-140)
In force	Regulation 132 Obligation to cooperate
In force	Regulation 133 Cooperation in supervisory activities, for on-site verifications or in investigations
In force	Regulation 134 Exchange of information
In force	Regulation 135 Binding mediation
In force	Regulation 136 Refusal to cooperate
In force	Regulation 137 Consultation before authorisation
In force	Regulation 138 Powers for host Member States
In force	Regulation 139 Precautionary measures to be taken by host Member States
In force	Regulation 140 Cooperation and exchange of information with ESMA
	Part 13 Cooperation with third Countries (reg. 141)
In force	Regulation 141 Exchange of information with third countries
	Part 14 Final Provisions (regs. 142-148)
In force	Regulation 142 Amendments to the Investment Intermediaries Act 1995
In force	Regulation 143 Transitional provisions
In force	Regulation 144 Further transitional provisions
In force	Regulation 144A. Transitional provision on the authorisation of credit institution referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013
In force	Regulation 145 Revocation of existing Regulations
In force	Regulation 146 Liquidators, receivers, administrators, examiners, official assignees or creditors
In force	Regulation 147 Application to the Court
In force	Regulation 148 Winding up of investment firm or market operator by the Court
	Schedule 1 Investment Services and Activities and Financial Instruments
In force	Schedule 1, Part 1 Investment services and activities
In force	Schedule 1, Part 2 Ancillary services
In force	Schedule 1, Part 3 Financial instruments
Revoked	Schedule 1, Part 4 Data reporting services
In force	Schedule 2 Professional Clients
In force	Schedule 3 Safeguarding Client Financial Instruments and Funds
In force	Schedule 4 Product Governance Requirements
In force	Schedule 5 Inducements
	Given under
	Explanatory Note

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