Financial services outsourcing—post MiFID II implementation
Financial services outsourcing—post MiFID II implementation

The following Financial Services practice note provides comprehensive and up to date legal information covering:

  • Financial services outsourcing—post MiFID II implementation
  • MiFID II outsourcing requirements
  • Outsourcing rules applying from 3 January 2018
  • Application of outsourcing rules from 3 January 2018
  • What is outsourcing?
  • Critical outsourcing
  • General requirement to have effective processes
  • Regulatory conditions for outsourcing
  • Avoidance of undue additional operational risk
  • Responsibility
  • More...

Financial services outsourcing—post MiFID II implementation

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime.

This Practice Note examines:

  1. the outsourcing requirements in:

    1. the recast Markets in Financial Instruments Directive 2014/65/EU (MiFID II), and

    2. a MiFID II Level 2 measure, Commission Delegated Regulation (EU) 2017/565 (the MiFID II Organisational Regulation)

  2. the rules and guidance on outsourcing (the outsourcing rules) which apply to firms with effect from 3 January 2018 (the date of implementation of MiFID II) as set out in:

    1. the MiFID II Organisational Regulation, and

    2. the Senior Management Arrangements, Systems and Controls sourcebook (SYSC) in the Financial Conduct Authority (FCA) Handbook, and the Prudential Regulation Authority (PRA) Rulebook, as respectively amended in part to reflect the requirements of MiFID II and the MiFID II Organisational Regulation

MiFID II and the Markets in Financial Instruments Regulation (EU) 600/2014 (MiFIR) entered into force on 2 July 2014. The majority of the provisions of MiFID II and MiFIR have effect from 3 January

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