Delegated regulation 2021/1254 - Commission Delegated Regulation 2021/1254 correcting Delegated Regulation (EU) 2017/565 supplementing Directive 2014/65/EU as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive - Main contents
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Commission Delegated Regulation (EU) 2021/1254 of 21 April 2021 correcting Delegated Regulation (EU) 2017/565 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive| Legal instrument | delegated regulation |
|---|---|
| Number legal act | Delegated regulation 2021/1254 |
| Regdoc number | C(2021)2618 |
| CELEX number i | 32021R1254 |
| Document | 21-04-2021; Date of adoption |
|---|---|
| Publication in Official Journal | 02-08-2021; OJ L 277 p. 6-10 |
| Effect | 22-08-2021; Entry into force Date pub. +20 See Art 2 |
| End of validity | 31-12-9999 |
2.8.2021 |
EN |
Official Journal of the European Union |
L 277/6 |
COMMISSION DELEGATED REGULATION (EU) 2021/1254
of 21 April 2021
correcting Delegated Regulation (EU) 2017/565 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (1), and in particular Article 16(12) and Article 27(9) thereof,
Whereas:
(1) |
Errors appeared in Article 1(1) of Commission Delegated Regulation (EU) 2017/565 (2) as it was requiring the application of Article 59(4), Article 60 and Chapter IV of that Regulation, instead of Article 64(4), Article 65 and Chapter VIII. |
(2) |
Errors appeared in several cross-references in Annex I to Delegated Regulation (EU) 2017/565, more precisely under ‘Client assessment’, ‘Order handling’, ‘Client order and transactions’, ‘Reporting to clients’, ‘Communication with clients’ and ‘Organisational requirements’. |
(3) |
Delegated Regulation (EU) 2017/565 should therefore be corrected accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Delegated Regulation (EU) 2017/565 is corrected as follows:
(1) |
in Article 1, paragraph 1 is replaced by the following: ‘1. Chapter II, and Sections 1 to 4, Article 64(4), Article 65 and Sections 6 to 8 of Chapter III and, to the extent they relate to those provisions, Chapter I and Chapter VIII of this Regulation shall apply to management companies when providing services in accordance with Article 6(4) of Directive 2009/65/EC and Article 6(6) of Directive 2011/61/EU of the European Parliament and of the Council (*1). (*1) Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1).’;" |
(2) |
Annex I is replaced by the text in the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 April 2021.
For the Commission
The President
Ursula VON DER LEYEN
-
Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (OJ L 87, 31.3.2017, p. 1).
ANNEX
‘ANNEX I
Record-keeping
Minimum list of records to be kept by investment firms depending upon the nature of their activities
Nature of obligation |
Type of record |
Summary of content |
Legislative reference |
Client assessment |
|||
Information to clients |
Content as provided for under Article 24(4) of Directive 2014/65/EU and Articles 44 to 51 of this Regulation |
Article 24(4) of Directive 2014/65/EU Articles 44 to 51 of this Regulation |
|
Client agreements |
Records as provided for under Article 25(5) of Directive 2014/65/EU |
Article 25(5) Directive 2014/65/EU Article 58 of this Regulation |
|
Assessment of suitability and appropriateness |
Content as provided for under paragraphs 2 and 3 of Article 25 of Directive 2014/65/EU and... | ||
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