Shearman And Sterling

London, Brexit

May 24, 2021

On the Existence of a Pan-European Reverse Solicitation Regime under MiFID II, and Its Importance Following Brexit

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ON THE EXISTENCE OF A PAN-EUROPEAN REVERSE SOLICITATION REGIME UNDER MIFID II, AND ITS IMPORTANCE FOLLOWING BREXIT

Partners Barney Reynolds, Thomas Donegan and associate Oliver Linch authored an article for the Journal of International Banking Law and Regulation titled “On the Existence of a Pan-European Reverse Solicitation Regime under MIFID II, and its importance following Brexit.” The article addresses the legal basis and extent to which financial institutions outside the European Economic Area (EEA) may access customers on the basis of so-called reverse solicitation. It is argued here that reverse solicitation is a pan-EU legal construct subject to only limited national gold-plating discretions. Some of the practicalities for institutions relying upon this construct are discussed.

Read “On the Existence of a Pan-European Reverse Solicitation Regime under MIFID II, and its importance following Brexit.”

Authors and Contributors

Barnabas Reynolds

Partner

Financial Institutions Advisory & Financial Regulatory

+44 20 7655 5528

+44 20 7655 5528

London

Thomas Donegan

Partner

Financial Institutions Advisory & Financial Regulatory

+44 20 7655 5566

+44 20 7655 5566

London

Oliver Linch

Senior Associate

Financial Institutions Advisory & Financial Regulatory

+44 20 7655 5715

+44 20 7655 5715

London