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Version date: 29 March 2021 - onwards

Question 8 Quality enhancement [Last update: 29 March 2021]

Art. 11(2)(a) of the MiFID II Delegated Directive

How should the conditionbe applied that the inducement is justified by the provision of an additional or higher-level service to the relevant client, proportional to the level of inducements received, as referred to in Article 11(2)(a) of the MiFID II Delegated Directive?

Answer 8

Article 11(2)(a-c) of the MiFID II Delegated Directive lays down the conditions to be met in order for inducements to be considered to be designed to enhance the quality of the relevant service to the client. The condition laid down in Article 11(2)(a) of the MiFID II Delegated Directive has three important elements:

a. An additional or higher-level service;

b. Provided to the relevant client;

c. Proportional to the level of inducements received.

These requirements apply together with the other requirements in Article 11(2) of the MiFID II Delegated Directive, including that an inducement cannot be considered acceptable if the provision of relevant services

Comparing proposed amendment...