Art. 34 of MiFID II Art. 35 of MiFID II
If a host Member State has not transposed MiFID II by 3 January 2018, can it refuse to accept notifications from the home competent authority of an incoming firm, or can it prevent the firm from carrying on business in the territory of that Member State in accordance with its passporting rights either remotely or through a branch?
Answer 5
No . The failure of a host Member State to transpose MiFID II does not allow it to refuse the receipt of a passporting notification from the home competent authority of an incoming firm, or to prevent the firm from carrying on business in the territory of that Member State in accordance with its passporting rights.