On 29 January 2021, the European Securities and Markets
Authority (ESMA) published a consultation paper on
draft guidelines regarding certain aspects of the MiFID II
appropriateness and execution-only requirements
(Consultation Paper). The Consultation Paper will
be of particular relevance to investment firms and credit
institutions providing investment services and activities,
investment firms and credit institutions when selling structured
deposits and external alternative investment fund managers
(AIFMs) when providing investment services.
The Consultation Paper contains draft guidelines, which have
been created by ESMA in order to clarify and promote convergence in
relation to the application of certain aspects of the
appropriateness and execution-only requirements. In addition, the
Consultation Paper takes into account the results of supervisory
activities conducted by national competent authorities on the
application of the appropriateness and execution-only