Commission Implementing Regulation (EU) 2017/2382 of 14 December 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for the transmission of information in accordance with Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance. )
Article 1
Scope
This Regulation shall also apply to credit institutions authorised under Directive 2013/36/EU which provide one or more investment services or perform investment activities under Directive 2014/65/EU, and wish to use tied agents under any of the following rights:
(a) the right of freedom to provide investment services and activities in accordance with Article 34(5) of Directive 2014/65/EU;
(b) the right of establishment in accordance with Article 35(7) of Directive 2014/65/EU.
Article 2
General requirements
It shall be submitted in paper form or, where accepted by the relevant competent authority, by electronic means.
Article 3
Submission of the investment services and activities passport notification
Article 4
Assessment of completeness and accuracy of the investment services and activities passport notification
Article 5
Communication regarding the investment services and activities passport notification
Article 6
Submission of the change of investment services and activities particulars notification
Article 7
Communication regarding the change of investment services and activities particulars notification
Article 8
Submission of the notification for the provision of arrangements to facilitate access to an MTF or an OTF
An investment firm or a market operator operating an MTF or OTF that intends to provide, within the territory of another host Member State, appropriate arrangements to facilitate access to and trading on those systems by remote users, members or participants established in that host Member State shall notify to the competent authority of the home Member State the details of the host Member State in which it intends to provide such arrangements, using the form set out in Annex IV.
Article 9
Communication regarding the notification for the provision of arrangements to facilitate access to an MTF or an OTF
Article 10
Submission of the change of particulars for the provision of arrangements to facilitate access to an MTF or an OTF notification
Article 11
Communication regarding the change of particulars for the provision of arrangements to facilitate access to an MTF or an OTF notification
After receiving a notification pursuant to Article 10(1), the competent authority of the home Member State shall, without undue delay, communicate the notified changes to the competent authority of the host Member State, using the form set out in Annex III, together with a copy of the notification.
Article 12
Submission of the branch passport notification
An investment firm wishing to establish a branch within the territory of another Member State shall submit to the competent authority of the home Member State the information as required by Article 35(2) of Directive 2014/65/EU, using the form set out in Annex VI.
Article 13
Submission of the tied agent passport notification
Article 14
Assessment of completeness and accuracy of the branch passport notification or tied agent passport notification
Article 15
Communication regarding the branch passport notification
Article 16
Communication regarding the tied agent passport notification
Article 17
Submission of the change of branch particulars notification
The investment firm or credit institution shall complete only those parts of the form set out in Annex VI relevant to the changes in the particulars of the branch passport notification.
Article 18
Submission of the change in the tied agent particulars notification
The investment firm or credit institution shall only complete those parts of the form set out in Annex VII relevant to the changes in the particulars of the tied agent passport notification.
Article 19
Communication regarding the change of branch particulars notification
Article 20
Communication regarding the change of tied agent particulars notification
Article 21
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 3 January 2018.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
ANNEX II
ANNEX III
ANNEX IV
ANNEX V
ANNEX VI
ANNEX VII
ANNEX VIII
ANNEX IX
ANNEX X
ANNEX XI
ANNEX XII
ANNEX XIII
Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.