Introduction
• European Union’s
legislation: Directives and Regulations
• The European Unions Financial Services
Action Plan (FSAP)
• From the Investment Services Directive
(ISD) to MiFID
MiFID and the Lamfalussy process
• Level 1: Framework Principles
• Level 2: Implementation of Principles.
Detailed Technical Measures
• Level 3: Strengthening Cooperation Among
Regulators
• Level 4: Enforcement
MiFID: An Overview
• From Know Your Customer (KYC) to Client
Classification (CC)
• Best Execution and Information to Clients
• Order Handling
• Suitability
• Extended Passport: Services across Europe
• Conduct of Business
• Stock Exchanges compete with Trading
Platforms and Investment Firms
• Systematic Internalisers
• Transaction Reporting across the EEA
Definitions and Scope
• How MiFID extends the coverage of the
Investment Services Directive
• Exemptions and Optional exemptions
• Definitions
• MiFID and options, futures, swaps, forward
rate agreements
Authorisation
• Requirements and Scope
• Relations with third countries
Operating Conditions for Investment Firms
• On-going supervision
• Conflicts of interest
• Conduct of Business (COB) obligations
Rights of Investment Firms
• Freedom to provide investment services
and activities
• Establishment of a branch
• Access to regulated market
Regulated Markets
• Organisational requirements
• Admission of financial instruments to
trading
• Suspension and removal of instruments
from trading
• Monitoring of compliance
• Pre-trade and Post-trade transparency
requirement
MiFID and Corporate Governance
• The impact of MiFID on corporate governance
• The role of the board of directors and
executive management
MiFID: The Interpretations
• From the Directive to the Interpretations
and the Technical Measures
• CESR: The Committee of European Securities
Regulators
• CESR - MiFID Level 2 Expert Group
• CESR - MiFID Level 3 Expert Group
• Level 4 challenges
MiFID and the World
• MiFID and the European Economic Area
(EEA)
• MiFID and countries outside the European
Economic Area
• MiFID and the USA: Similarities and
differences between the Regulation for National
Market System (Reg NMS) in the United States
and the MiFID in EU
MiFID and other Directives
• Interaction between MiFID and other
regulatory initiatives
• MiFID, Basel ii and the Capital Requirements
Directive
• MiFID and the 8th Company Law Directive
• MiFID and the Financial Conglomerates
Directive
• MiFID and UCITS iii
• MiFID and the 3rd Anti Money Laundering
Directive of the EU
• Using MiFID data for compliance with
other directives
MiFID and Alternative Investments
• MiFID and Hedge Funds
• New challenge for Hedge Fund managers
• Sophisticated onshore and offshore legal
structures
• A new pressure for Transparency
• Minimizing regulatory, operational and
compliance risks
• MiFID and Mutual Funds
• MiFID and mutual recognition of alternative
investment products authorised under different
regimes
• Management and Administration of Alternative
Investments inside and outside the European
Union
MIFID: Tomorrow
• Increased competition
• Pre- and post-trade transparency
• New risks and opportunities
• Hedge Funds and Alternative Investments
after MiFID
• The “Fund of Funds” opportunity
for regulators |