contents table Lexparency.org
Markets in Financial Instruments Directive II (MiFID II)
Article 61

Article 61 — Procedures for granting and refusing requests for authorisation

  1. The competent authority shall not grant authorisation unless and until such time as it is fully satisfied that the applicant complies with all requirements under the provisions adopted pursuant to this Directive.
  2. The data reporting services provider shall provide all information, including a programme of operations setting out, inter alia, the types of services envisaged and the organisational structure, necessary to enable the competent authority to satisfy itself that the data reporting services provider has established, at the time of initial authorisation, all the necessary arrangements to meet its obligations under the provisions of this Title.
  3. An applicant shall be informed, within six months of the submission of a complete application, whether or not authorisation has been granted.
  4. ESMA shall develop draft regulatory technical standards to determine:
    1. the information to be provided to the competent authorities under paragraph 2, including the programme of operations;
    2. the information included in the notifications under Article 63(3).

    ESMA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 3 July 2015.

    Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.

  5. ESMA shall develop draft implementing technical standards to determine standard forms, templates and procedures for the notification or provision of information provided for in paragraph 2 of this Article and in Article 63(4).

    ESMA shall submit those draft implementing technical standards to the Commission by 3 January 2016.

    Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.