Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (Text with EEA relevance) (revoked)
EU Regulation 2017/565 · Adopted 25 April 2016 · Extends to United Kingdom
F1Commission Delegated Regulation (EU) 2017/565
of 25 April 2016
supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive
(Text with EEA relevance) (revoked)
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Annotations to the whole text
Textual amendments
- F1
Regulation revoked (5.4.2024 for the revocation of Arts. 84-89, 23.10.2025 in so far as not already in force) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 3 (with s. 1(4)); S.I. 2023/1382, reg. 4(d)(i); S.I. 2025/1078, reg. 2(b) (with reg. 11)
Contents
- Chapter I: SCOPE AND DEFINITIONS Repealed
- A1Application Repealed
- 1Subject-matter and scope Repealed
- 2Definitions Repealed
- 3Conditions applying to the provision of information Repealed
- 4Provision of investment service in an incidental manner ... Repealed
- 5Wholesale energy products that must be physically settled ... Repealed
- 6Energy derivative contracts relating to oil and coal and wholesale energy products ... Repealed
- 7Other derivative financial instruments ... Repealed
- 8Derivatives under paragraph 10 of Part 1 of Schedule 2 to the Regulated Activities Order ... Repealed
- 9Investment advice ... Repealed
- 10Characteristics of other derivative contracts relating to currencies Repealed
- 11Money-market instruments ... Repealed
- 12Systematic internalisers for shares, depositary receipts, ETFs, certificates and other similar financial instruments ... Repealed
- 13Systematic internalisers for bonds ... Repealed
- 14Systematic internalisers for structured finance products ... Repealed
- 15Systematic internalisers for derivatives ... Repealed
- 16Systematic internalisers for emission allowances ... Repealed
- 16ZATransitional period: data for calculations Repealed
- 16aParticipation in matching arrangements Repealed
- 17Relevant assessment periods ... Repealed
- 18Algorithmic trading ... Repealed
- 19High frequency algorithmic trading technique ... Repealed
- 20Direct electronic access ... Repealed
- Chapter II: ORGANISATIONAL REQUIREMENTS Repealed
- Organisation Repealed
- 21General organisational requirements ... Repealed
- 22Compliance ... Repealed
- 23Risk management ... Repealed
- 24Internal audit ... Repealed
- 25Responsibility of senior management ... Repealed
- 26Complaints handling ... Repealed
- 27Remuneration policies and practices ... Repealed
- 28Scope of personal transactions ... Repealed
- 29Personal transactions ... Repealed
- Outsourcing Repealed
- 30Scope of critical and important operational functions ... Repealed
- 31Outsourcing critical or important operational functions ... Repealed
- 32Service providers located in third countries ... Repealed
- Conflicts of interest Repealed
- 33Conflicts of interest potentially detrimental to a client ... Repealed
- 34Conflicts of interest policy ... Repealed
- 35Record of services or activities giving rise to detrimental conflict of interest ... Repealed
- 36Investment research and marketing communications ... Repealed
- 37Additional organisational requirements in relation to investment research or marketing communications ... Repealed
- 38Additional general requirements in relation to underwriting or placing ... Repealed
- 39Additional requirements in relation to pricing of offerings in relation to issuance of financial instruments ... Repealed
- 40Additional requirements in relation to placing ... Repealed
- 41Additional requirements in relation to advice, distribution and self-placement ... Repealed
- 42Additional requirements in relation to lending or provision of credit in the context of underwriting or placement ... Repealed
- 43Record keeping in relation to underwriting or placing ... Repealed
- Chapter III: OPERATING CONDITIONS FOR INVESTMENT FIRMS Repealed
- Information to clients and potential clients Repealed
- 44Fair, clear and not misleading information requirements ... Repealed
- 45Information concerning client categorisation ... Repealed
- 46General requirements for information to clients ... Repealed
- 47Information about the investment firm and its services for clients and potential clients ... Repealed
- 48Information about financial instruments ... Repealed
- 49Information concerning safeguarding of client financial instruments or client funds ... Repealed
- 50Information on costs and associated charges ... Repealed
- 51Information provided in relation to units in collective investment undertakings or PRIIPs ... Repealed
- Investment advice Repealed
- 52Information about investment advice ... Repealed
- 53Investment advice on an independent basis ... Repealed
- Assessment of suitability and appropriateness Repealed
- 54Assessment of suitability and suitability reports ... Repealed
- 55Provisions common to the assessment of suitability or appropriateness ... Repealed
- 56Assessment of appropriateness and related record-keeping obligations ... Repealed
- 57Provision of services in non-complex instruments ... Repealed
- 58Retail and Professional Client agreements ... Repealed
- Reporting to clients Repealed
- 59Reporting obligations in respect of execution of orders other than for portfolio management ... Repealed
- 60Reporting obligations in respect of portfolio management ... Repealed
- 61Reporting obligations in respect of eligible counterparties ... Repealed
- 62Additional reporting obligations for portfolio management or contingent liability transactions ... Repealed
- 63Statements of client financial instruments or client funds ... Repealed
- Best execution Repealed
- 64Best execution criteria ... Repealed
- 65Duty of investment firms carrying out portfolio management and reception and transmission of orders to act in the best interests of the client ... Repealed
- 66Execution policy ... Repealed
- Client order handling Repealed
- 67General principles ... Repealed
- 68Aggregation and allocation of orders ... Repealed
- 69Aggregation and allocation of transactions for own account ... Repealed
- 70Prompt fair and expeditious execution of client orders and publication of unexecuted client limit orders for shares traded on a trading venue ... Repealed
- Eligible counterparties Repealed
- 71Eligible counterparties ... Repealed
- Record-keeping Repealed
- 72Retention of records ... Repealed
- 73Record keeping of rights and obligations of the investment firm and the client ... Repealed
- 74Record keeping of client orders and decision to deal ... Repealed
- 75Record keeping of transactions and order processing ... Repealed
- 76Recording of telephone conversations or electronic communications ... Repealed
- SME growth markets Repealed
- 77Qualification as an SME ... Repealed
- 78Registration as an SME growth market ... Repealed
- 79Deregistration as an SME growth market ... Repealed
- Chapter IV: OPERATING OBLIGATIONS FOR TRADING VENUES Repealed
- 80Circumstances constituting significant damage to investors' interests and the orderly functioning of the market ... Repealed
- 81Circumstances where significant infringements of the rules of a trading venue or disorderly trading conditions or system disruptions in relation to a financial instrument may be assumed ... Repealed
- 82Circumstances where a conduct indicating behaviour that is prohibited under Regulation (EU) No 596/2014 may be assumed ... Repealed
- Chapter V: POSITION REPORTING IN COMMODITY DERIVATIVES Repealed
- 83Position reporting ... Repealed
- Chapter VI: DATA PROVISION OBLIGATIONS FOR DATA REPORTING SERVICE PROVIDERS Repealed
- 84Obligation to provide market data on a reasonable commercial basis ... Repealed
- 85Provision of market data on the basis of cost ... Repealed
- 86Obligation to provide market data on a non-discriminatory basis ... Repealed
- 87Per user fees ... Repealed
- 88Unbundling and disaggregating market data ... Repealed
- 89Transparency obligation ... Repealed
- Chapter VII: COMPETENT AUTHORITIES AND FINAL PROVISIONS Repealed
- 90Determination of the substantial importance of the operations of a trading venue in a host Member State(Article 79(2) of Directive 2014/65/EU) Repealed
- Chapter VIII: FINAL PROVISIONS Repealed
- 91Entry into force and application Repealed
- Signature
- Annex I: Record-keeping Repealed
- Minimum list of records to be kept by investment firms depending upon the nature of their activities . References to provisions in Directive 2014/65/EU are to be read as references to the provisions in the UK law on markets in financial instruments which implemented those provisions. Repealed
- Annex II: Costs and charges Repealed
- Identified costs that should form part of the costs to be disclosed to the clients Repealed
- Annex III: Requirement for operators of trading venues to immediately inform their national competent authority Repealed
- Signals that may indicate significant infringements of the rules of a trading venue or disorderly trading conditions or system disruptions in relation to a financial instrument Repealed
- Significant infringements of the rules of a trading venue Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- Disorderly trading conditions Repealed
- 3Division 3 Repealed
- 4Division 4 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- System disruptions Repealed
- 7Division 7 Repealed
- 8Division 8 Repealed
- 9Division 9 Repealed
- 10Division 10 Repealed
- Signals that may indicate abusive behaviour under Regulation (EU) No 596/2014 Repealed
- Signals of possible insider dealing or market manipulation Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- Signals of possible insider dealing Repealed
- 3Division 3 Repealed
- 4Division 4 Repealed
- Signals of possible market manipulation Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 7Division 7 Repealed
- 8Division 8 Repealed
- 9Division 9 Repealed
- 10Division 10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- 15Division 15 Repealed
- 16Division 16 Repealed
- 17Division 17 Repealed
- 18Division 18 Repealed
- 19Division 19 Repealed
- 20Division 20 Repealed
- 21Division 21 Repealed
- 22Division 22 Repealed
- 23Division 23 Repealed
- 24Division 24 Repealed
- Signals for cross-product market manipulation, including across different trading venues Repealed
- 25Division 25 Repealed
- 26Division 26 Repealed
- 27Division 27 Repealed
- 28Division 28 Repealed
- 29Division 29 Repealed
- 30Division 30 Repealed
- 31Division 31 Repealed
- Annex IV Repealed
- Record keeping of client orders and decision to deal Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 3Division 3 Repealed
- 4Division 4 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 7Division 7 Repealed
- 8Division 8 Repealed
- 9Division 9 Repealed
- 10Division 10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- 15Division 15 Repealed
- 16Division 16 Repealed
- Record keeping of transactions and order processing Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 3Division 3 Repealed
- 4Division 4 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 7Division 7 Repealed
- 8Division 8 Repealed
- 9Division 9 Repealed
- 10Division 10 Repealed
- 11Division 11 Repealed
- 12Division 12 Repealed
- 13Division 13 Repealed
- 14Division 14 Repealed
- 15Division 15 Repealed
- 16Division 16 Repealed
- 17Division 17 Repealed
- 18Division 18 Repealed
- 19Division 19 Repealed
- 20Division 20 Repealed
- 21Division 21 Repealed
- 22Division 22 Repealed
- 23Division 23 Repealed
- 24Division 24 Repealed
- 25Division 25 Repealed
- 26Division 26 Repealed
- 27Division 27 Repealed
- 28Division 28 Repealed
- 29Division 29 Repealed
- 30Division 30 Repealed
- 31Division 31 Repealed
- 32Division 32 Repealed
- 33Division 33 Repealed
- 34Division 34 Repealed
- 35Division 35 Repealed
- 36Division 36 Repealed
- 37Division 37 Repealed
- 38Division 38 Repealed
- 39Division 39 Repealed
- 40Division 40 Repealed