Amendments Processing for MiFID Firms
There are additional ongoing requirements in relation to MiFID Investment Firms once they are authorised. These requirements and how they are dealt with are outlined below. The following list is not exhaustive and is intended to serve as a guide only. If any MiFID Investment Firm is unclear of its obligations, they should contact the Consumer Protection Directorate - Investment Firms & Client Assets Division. Contact details are available in the Contact Us section.
Change of Director/Manager
The Central Bank of Ireland's Fitness and Probity regime, requires completed Individual Questionnaires ('IQs') to be submitted in respect of each proposed director and senior manager. View further information on this process.
Change in Qualifying Holding
Changes to qualifying holdings in MiFID Investment Firms are subject to the prior approval of the Central Bank and details of the specific requirements are set out in the MiFID Regulations and the Authorisation Process documentation. The attached Acquiring Transaction Notification Form For Authorised MiFID Investment Firms & Fund Service Providers is to be used to provide prior notification to the Central Bank of proposed changes to qualifying holdings. Firms are obliged to advise the Central Bank on an annual basis of its ownership structure.
“The Joint Committee of the European Supervisory Authorities has issued guidelines to competent authorities across the EU, including the Central Bank of Ireland. These guidelines are titled 'Joint Guidelines on the prudential assessment of acquisitions and increases of qualifying holdings in the banking, insurance and securities sectors' (“the Guidelines”). The Guidelines replace the previous EU-wide guidelines on the prudential assessment of acquisitions and are in force from 1 October 2017.”
Change of Company name
The Central Bank must first approve any change in company name before it is submitted to the Companies Registration Office.
Application for extension of authorisation
An application by a firm to extend its MiFID authorisation requires the prior approval of the Central Bank. Firms must submit an application for an (extension to) authorisation. The process for this is explained on the Central Bank’s Authorisation Process for MiFID Investment Firms webpage where you will find the required application form and relevant Guidance Notices.
Capital Contributions and Subordinated Loans
Capital contributions and subordinated loans are accepted as part of the financial resources requirement of a MiFID Investment Firm, provided they are executed in the Central Bank’s approved format.
Change of Address
Any change of address by a company must be notified in advance to the Consumer Protection Directorate.This will allow us to update our records and systems on a timely basis.
Other changes
If there is uncertainty regarding whether a change within a firm constitutes a material change for supervisory purposes, you should contact the Consumer Protection Directorate directly.