MiFID II, US federal securities laws and investment research: The compliance challenge
Ethan D. Corey
Journal of Securities Operations & Custody, 2018, vol. 10, issue 2, 125-130
Abstract:
MiFID II’s restrictions governing the acquisition of third party research conflict in several key aspects with the US Securities and Exchange Commission’s (SEC) regulation of consumers and producers of investment research. The SEC’s staff issued three ‘no-action’ letters intended to enable buy-side and sell-side firms to comply with MiFID II’s restrictions without running afoul of US federal securities laws. While the letters provide more certainty, drafting ambiguities in the letters have caused some compliance challenges to remain. In addition, the limited scope of the relief provided by the no-action letters means that different rules may apply to US buy-side and sell-side intermediaries based solely upon whether they are dealing with a party subject to MiFID II or not.
Keywords: MiFID II; inducements; soft dollars; research; SEC; compensation (search for similar items in EconPapers)
JEL-codes: E5 G2 K22 (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:aza:jsoc00:y:2018:v:10:i:2:p:125-130
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