Article 42 of MiFID II allows third-country firms to market products and services directly (without the need of a branch) to retail clients and professional clients within the meaning of Section II of Annex II of MiFID II if this is done at the client´s own exclusive initiative (reverse solicitation exemption), specifying that in such a case the firm in question may also offer the client products and services from the same category. Does this mean that a firm that, within the context of a one-off service to the client, has sold, or has had the opportunity to sell, a product or service under this rule may in the future again offer products or services from the same category (i.e. outside the context of the request of the client) ?
Answer 4
No. The reverse solicitation exemption is based on the premise that the product or service is marketed at the client´s own exclusive initiative [On this topic see Q&A 1 of this Section.] and can only be applied to the speci
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