The European Securities and Markets Authority ('ESMA')
has, on the 13
th January 2021, issued a public statement
to remind firms of the MiFID II requirements on the provision of
investment services to retail and professional clients by third
country investment firms.
According to MiFID II, a third country firm may provide
investment services to EU-based retail or professional clients
without the requirement to establish a branch within the EU, where
the service is being sought by the client at its own exclusive
initiative. ESMA has noted some questionable practices following
the end of the UK transition period on the 31
st December