On December 11, 2014, the EBA published its finalized technical advice on possible delegated acts on criteria and factors for intervention powers concerning structured deposits under the Markets in Financial Instruments Regulation (“MiFIR”). Under MiFIR, the EBA must monitor the market for structured deposits which are sold, distributed or marketed in the EU. The EBA may also under certain circumstances impose temporary prohibitions or restrictions on the marketing, distribution or sale of those structured deposits. The finalized technical advice sets out 12 factors and related criteria that the EBA and national competent authorities should take into account when assessing whether there are investor protection concerns related to structured deposits, including the degree of complexity of the structured deposit, the type of client to which a structured deposit is marketed or sold, and the degree of transparency of the structured deposit.
The finalized technical advice is available at