Updated 22/10/2024
In force

Version from: 28/03/2024
Amendments (6)
Draft ITS on standard forms for the authorisation of APAs and ARMs
Based on: Art. 27d(5)
Specifies: Art. 27d(2)
Draft ITS on standard forms for the authorisation of CTPs
Based on: Art. 27d(8)
Specifies: Art. 27d(8)
Draft RTS on the authorisation of APAs and ARMs
Based on: Art. 27d(4)
Specifies: Art. 27d(1)
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MiFIR ToolMarkets in Financial Instruments Regulation (MiFIR)
Article 27d

Article 27d - Procedures for granting and refusing applications for authorisation of ARMs and APAs

Article 27d

Procedures for granting and refusing applications for authorisation of ARMs and APAs

1.  
The applicant APA or ARM shall submit an application providing all information necessary to enable ESMA, or, where relevant, the national competent authority, to confirm that the APA or ARM has put in place, at the time of initial authorisation, all the necessary arrangements to meet its obligations pursuant to this Title, including a programme of operations setting out, inter alia, the types of services envisaged and the organisational structure.
2.  
ESMA, or, where relevant, the national competent authority, shall assess whether the application for authorisation is complete within 20 working days of receipt of the application.

Where the application is not complete, ESMA, or, where relevant, the national competent authority, shall set a deadline by which the APA or ARM is to provide additional information.

After assessing the application as complete, ESMA, or, where relevant, the national competent authority, shall notify the APA or ARM accordingly.

3.  
ESMA, or, where relevant, the national competent authority, shall, within six months of receipt of a complete application, assess the compliance of the APA or ARM with this Title. It shall adopt a reasoned decision granting or refusing authorisation and shall notify the applicant APA or ARM accordingly within five working days of adoption.
4.  

ESMA shall develop draft regulatory technical standards to determine:

(a) 

the information to be provided under paragraph 1, including the programme of operations;

(b) 

the information to be included in the notifications referred to in Article 27f(2) as regards APAs and ARMs.

Power is delegated to the Commission to supplement this Regulation by adopting 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 information to be provided pursuant to paragraph 1 of this Article and the information to be included in the notifications referred to in Article 27f(2) as regards APAs and ARMs.

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.