Set-up a product approval process:
Art. 16(3) & 24 MiFID II (considering ESMA Opinion 2014/332
MiFID II requirements are focused on the governance and transparency of the 'product manufacturing process'. As such, the importance lies not with what product is produced, but instead how it is produced (i.e. as long as it is distributed within the EU).
For each financial product the manufacturer needs to determine the 'target market' (i.e. target clients) as well as the key characteristics prior to the distribution of the product. This information needs to be documented and ‘put at disposal’ of the distributors.
These product governance requirements apply to MiFID firms as well as to UCITS Management Companies and AIFMs with "extended scope" but only in connection to the MiFID service they perform. Nonetheless, product manufacturers who are non-MiFID firms or third country firms, including UCITS Management Companies and AIFMs, may also be impacted as they will have to conclude an agreement with the distributor to ensure to provide the product information when such information will not be publicly or otherwise available to the distributor.
Since the requirements target mostly the so-called 'new products process' and set out an obligation of means to match the target market for each product, it is most likely the management company or the securitisation agent which will take the role as gatekeepers and information hosts.
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