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MiFiD II Org Reg, Art 31

Establishes the conditions under which firms may outsource activities while ensuring that they remain fully responsible for their regulatory obligations and the protection of their clients' interests.

Rule Overview

Jurisdiction: European Union

Regulator: ESMA

Topic: General Requirements

Commission Delegated Regulation (EU) 2017/565
Overview
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Key Requirements:

  1. Retained Responsibility. Investment firms remain fully responsible for outsourced functions and cannot transfer their regulatory obligations to a third party.
  2. No Evasion of MiFID II Requirements. Outsourcing must not undermine senior management responsibility, alter the firm’s obligations to clients, or circumvent regulatory requirements.
  3. Ongoing Oversight. Firms must effectively monitor outsourced providers and maintain sufficient expertise to supervise the outsourced activity.
  4. Effective Controls and Supervision. Outsourcing arrangements must not impair the firm’s internal controls, compliance framework, or regulators’ ability to supervise the firm.
  5. Client Protection. Clients must receive the same level of protection regardless of whether a function is performed internally or by an external provider.
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