Background
On 15 July 2019, the European Securities and Markets Association
("ESMA") issued a consultation paper and
draft revised guidelines on certain aspects of the compliance
function requirements under MiFID II (the
"Consultation Paper").
The revised guidelines, when finalised, will replace the
existing ESMA guidelines on the same topic issued in
20121 and will take into account the new requirements
under MiFID II along with the results of supervisory activities
carried out by national competent authorities in relation to the
application of the compliance function requirements.
The Guidelines and ESMA's approach to their review
The purpose of the guidelines is to enhance clarity and to
foster convergence in the implementation of certain aspects of the
MiFID II compliance function requirements. By helping to ensure
that firms comply with the requirements, ESMA expects a
corresponding strengthening of investor protection.