contents table Lexparency.org
Markets in Financial Instruments Directive II (MiFID II)
Article 7

Article 7 — 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 investment firm shall provide all information, including a programme of operations setting out, inter alia, the types of business envisaged and the organisational structure, necessary to enable the competent authority to satisfy itself that the investment firm has established, at the time of initial authorisation, all the necessary arrangements to meet its obligations under this Chapter.
  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 specify:
    1. the information to be provided to the competent authorities under paragraph 2 of this Article including the programme of operations;
    2. the requirements applicable to the management of investment firms under Article 9(6) and the information for the notifications under Article 9(5);
    3. the requirements applicable to shareholders and members with qualifying holdings, as well as obstacles which may prevent effective exercise of the supervisory functions of the competent authority, under Article 10(1) and (2).

    ESMA shall submit those draft regulatory technical standards 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 9(5).

    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.