Updated 07/09/2024
In force

Version from: 28/03/2024
Amendments (4)
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Article 47 - Organisational requirements

Attention! The current consolidated version does not take into account changes made to this Article by Directive 2022/2556. Please consult Directive 2022/2556 to review the changes made to the Article.

Article 47

Organisational requirements

1.  

Member States shall require the regulated market:

(a) 

to have arrangements to identify clearly and manage the potential adverse consequences, for the operation of the regulated market or for its members or participants, of any conflict of interest between the interest of the regulated market, its owners or its market operator and the sound functioning of the regulated market, and in particular where such conflicts of interest might prove prejudicial to the accomplishment of any functions delegated to the regulated market by the competent authority;

(b) 

to be adequately equipped to manage the risks to which it is exposed, to implement appropriate arrangements and systems to identify all significant risks to its operation, and to put in place effective measures to mitigate those risks;

(c) 

to have arrangements for the sound management of the technical operations of the system, including the establishment of effective contingency arrangements to cope with risks of systems disruptions;

(d) 

to have transparent and non-discretionary rules and procedures that provide for fair and orderly trading and establish objective criteria for the efficient execution of orders;

(e) 

to have effective arrangements to facilitate the efficient and timely finalisation of the transactions executed under its systems;

(f) 

to have available, at the time of authorisation and on an ongoing basis, sufficient financial resources to facilitate its orderly functioning, having regard to the nature and extent of the transactions concluded on the market and the range and degree of the risks to which it is exposed;

(g) 

to have arrangements in place to ensure that it meets data quality standards pursuant to Article 22b of Regulation (EU) No 600/2014;

(h) 

to have at least three materially active members or users, each having the opportunity to interact with all the others in respect of price formation.

2.  
Member States shall not allow market operators to execute client orders against proprietary capital, or to engage in matched principal trading on any of the regulated markets they operate.