We disagree with an extension of its scope to UCITS’ and AIFs’ management companies to the scope of the reporting requirements imposed by MiFIR, Art. 26. This extension would be in breach of the principle of proportionality, as:
The Markets in Financial Instruments Directive governs how funds (and other financial instruments) can be sold and distributed to investors throughout the EU. It does this by balancing investor protection (governing under what rules and conditions investment advice and portfolio management can be given) with providing the right amount of information about products and services (information about the products’ objectives and costs). In most cases, this type of financial advice, which connects funds with end investors, is provided not by fund managers, but by other financial players, such as banks or financial advisers.
Against this backdrop, EFAMA wants to ensure that these rules are balanced and the information provided to investors is meaningful. While more protection is necessary for retail investors, MiFID should allow other, more professional investors, more freedom in defining what information is necessary to conduct their day-to-day business. Also, MiFID must not make it impossible for ordinary EU citizens to access financial advice to save for their future and retirement.
We disagree with an extension of its scope to UCITS’ and AIFs’ management companies to the scope of the reporting requirements imposed by MiFIR, Art. 26. This extension would be in breach of the principle of proportionality, as:
EFAMA appreciates the Commission's efforts in pursuing an alleviation of certain MiFID II requirements in the interest of promoting a swift recovery from the economic crisis precipitated by the Covid-19 pandemic (....).
EFAMA believes however that there are more effective ways to foster SME access to markets and urges the Commission to consider a set of further measures (...)
EFAMA has submitted its response to the European Commission's consultations on the review of the MIFID II / MIFIR regulatory framework, where it has outlined its recommendations on investor protection and capital markets and infrastructure.
EFAMA's Director General Tanguy van de Werve commented: