Requirement (MIFID)
Article 38 Provision of services in non-complex instruments
Requirements MIFID - DIRECTIVE 2006/73/EC
Description
Description
A financial instrument which is not specified in the first indent of
Article 19(6) of Directive 2004/39/EC shall be considered as
non-complex if it satisfies the following criteria:
(a) it does not fall within Article 4(1)(18)(c) of, or points (4) to
(10) of Section C of Annex I to, Directive 2004/39/EC;
(b) there are frequent opportunities to dispose of, redeem, or
otherwise realise that instrument at prices that are publicly
available to market participants and that are either market
prices or prices made available, or validated, by valuation
systems independent of the issuer;
(c) it does not involve any actual or potential liability for the
client that exceeds the cost of acquiring the instrument;
(d) adequately comprehensive information on its characteristics
is publicly available and is likely to be readily understood so
as to enable the average retail client to make an informed
judgment as to whether to enter into a transaction in that
instrument.
Comment
Applies to first indent of Article 19(6) of Directive 2004/39/EC