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Version date: 16 December 2016 - onwards

Question 3 Unrequested research provided "free of charge" [Last update: 16 December 2016]

Art. 24 of MiFID II Art. 13 of the MiFID II Delegated Directive

How should an investment firm deal with unrequested research that is provided free of charge?

Answer 3

The provision or reception of research by an investment firm is subject to the rules on inducements in Article 24, paragraphs 7, 8 and 9, of MiFID II, depending on the firm’s investment activities.

Firms need to have in place policies and systems to assess the nature of any service, benefit or material paid or provided by any third party to determine whether they can provide or accept it. It is not acceptable for firms to receive research for free where no assessment has been made under the above inducements rules or there is no payment arrangement in place that complies with Article 13 of the MiFID II Delegated Directive.

A firm providing independent investment advice or portfolio management services can only receive research in relation to those activities by complying with Article 13 of the MiFID II Delegated Direc

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