MiFID II Application Form – Data Reporting Services Providers

Name of applicant	Click here to enter text.
Date of submission of application	03 January 2018
Final / Draft	Final ☐	Draft ☐

Table of Contents

Important information concerning Applications for an Investment Services Licence	3

The Applicant Declaration	6

Section 1 – Introduction	7

Section 2 – General Information	8

Important information concerning Applications for an Investment Services Licence

Part A of the Investment Services Rules for Investment Services Providers should be read carefully before this Application form is completed.

We are required by law to determine applications for Investment Services Licences within six months from receipt of a properly completed application including relevant documentation. However we aim to process applications and take decisions about applications as soon as possible.

In this regard, an Application pack shall be submitted complete and not in a piece-meal fashion. An Application is deemed to have been officially submitted once a full application pack (i.e. the Application Form and all relevant supporting documentation) together with the relevant application fee is submitted to the MFSA. In the instance where application pack is incomplete, the processing of an application will not start and will be delayed until receipt of all the relevant documents and fees concerned.

Applicants are advised to provide comprehensive information regarding the regulated activities the Applicant intends to carry out and how it will be carrying out those activities. The Applicant’s description of its business is an integral part for the processing of the application. The amount of detail submitted should be proportionate to the nature and scale of the business the Applicant intends to carry out and the risks to the Applicant’s clients. It is important that Applicants are transparent with the MFSA at all stages of the application process.

Responsibility for the submission of all relevant information rests with the Applicant. Undue and unjustifiably lengthy delays in the submission of responses from Applicants may result in the requirement to re-submission of documents.

If a licence is granted, its terms will depend (inter alia) upon all the matters and circumstances discussed as part of the Application process. It is therefore essential that all pertinent matters are brought to the attention of the MFSA to enable the Authority to form a complete and thorough understanding of the Application and its proposal.

The provision of false, misleading or inaccurate information or omission of provision of material information may prejudice the status of the application and may also have a bearing on the fitness and properness of the person providing the information. Any person who knowingly or recklessly furnishes information or makes a statement which is inaccurate, false or misleading in any material respect is guilty of an offence under the Investment Services Act 1994.

If, after the Application has been submitted, the Applicant becomes aware that the information submitted has changed or if the Applicant becomes aware of any material fact that affects the information submitted, the Applicant must inform MFSA immediately.

If the proposal changes significantly and materially during the application process, then the processing time may be lengthier than in normal circumstances.

The Application Form and where applicable the supporting documentation can be submitted in draft form. Once the in principle approval for the granting of the licence has been issued by the MFSA and the entity to be licensed has been incorporated, an updated Final Application Form an supporting documents bearing original signatures should be submitted reflecting all comments and changes agreed between the MFSA and the Applicant of the signatory appointed by the Board of Directors during the application review process.

All questions should be answered. In case where replies go beyond the space provided, separate sheets should be used. If the Applicant believes that a question does not apply, the response shoul be “N/A”. NONE OF THE QUESTIONS ARE TO BE LEFT UNANSWERED.

Hard copies of Applications and supporting documents are to be submitted in either English or Maltese.

Any supporting documents submitted as part of the application pack which are not in either English or Maltese should be translated into one of these languages before submitted to the Authority.

An Application Form is available from MFSA’s web site (www.mfsa.com.mt). Applicants are required to send the Application Form electronically.

The fee structure is shown below. Fees are not refundable.

Application Fee	Supervisory Fee
EUR	EUR
Category 1a	2,500	For revenue up to EUR50,000	2,0000
Further tranches of EUR50,000 up to a maximum of EUR1,000,000	350 per tranche or part thereof
Category 1b	3,000	For revenue up to EUR50,000	2,750
Further tranches of EUR50,000 up to a maximum of EUR1,000,000	350 per tranche or part thereof
Category 2	5,000	For revenue up to EUR250,000	4,500
Further tranches of EUR250,000 up to a maximum of EUR5,000,000	400 per tranche or part thereof
Category 3	7,000	For revenue up to EUR250,000	6,000
Further tranches of EUR250,000 up to a maximum of EUR5,000,000	400 per tranche or part thereof
Category 4a	17,000	15,000
Category 4b	7,500	5,000
DPRS	To be determined based on the proposal

Reference should be made to the Glossary to the Investment Services Rules for Investment Services Providers for the definition of certain terms indicated in caps.

The Applicant Declaration

The Applicant Firm hereby confirms that it is responsible for this application for authorisation including compliance with the authorisation requirements as set out in the Part A and Part BI ( as applicable) of the MFSA Rules for Investment Services Providers which provide services in terms of the Market in Financial Instruments Directive. The Applicant Firm warrants that it has truthfully and fully answered the relevant questions in this form and disclosed any other information which might reasonably be considered relevant for the purpose of the application. The Applicant Firm warrants that it will promptly notify the Authority of any changes in the information it has provided and will supply any other relevant information which may come to light in the period during which the application is being considered and, if the application is accepted, thereafter.
Date:
Signed:	Position:
Signed:	Position:
For and on behalf of: (Please print name of the Applicant Firm. At least two directors, including the managing director, must sign the declaration if the Company is already in existence. Original signatures are required.)
NOTE: Provisions in this document should not be deleted nor amended in any manner. It is a criminal offence under article 22(2) of the Act to knowingly or recklessly provide false or misleading information or make false or misleading statements in relation to an application for authorisation.

Section 1 – Introduction

This section requests contact details of the applicant and their legal/professional consultants.

Main Contact person(s) of the Applicant responsible for this Application:

Name:	Click here to enter text.
Address:	Click here to enter text.
E-Mail Address:	Click here to enter text.
Telephone:	Click here to enter text.
Fax:	Click here to enter text.
Capacity:	Click here to enter text.

Contact details of legal/professional consultant (where applicable):

Name:	Click here to enter text.
Address:	Click here to enter text.
E-Mail Address:	Click here to enter text.
Telephone:	Click here to enter text.
Fax:	Click here to enter text.
Capacity:	Click here to enter text.
Permission for the MFSA to liaise with the named consultant in respect of this application

Dear [insert appropriate name]

In accordance with Regulation 85 of the MiFID Regulations and Article 2 of the Commission Implementing Regulation (EU) No. 2017/1110 laying down implementing technical standards with regard to standard forms, templates and procedures for the authorisation of data reporting services providers please find attached the authorisation application.

Section 2 – General Information

This section requests general information regarding the Applicant

2.1 Full legal name of the Applicant (this is the name that will appear in the Investment Services Licence, if granted) and Legal Entity Identifier ( LEI) :

Legal Name	LEI

Nature of the application:
Authorisation – Approved Reporting Mechanism (ARM)
Authorisation – Approved Publication Arrangement (APA)
Authorisation – Consolidated Tape Provider (CTP)
CONTENT
In conjunction with Commission Delegated Regulation (EU) 2017/571 of 2 June 2016 the applicant should provide in its application for authorisation a Business Plan, an internal organisational chart and detailed ownership charts. Please set out that information in the Business Plan under the appropriate section title or make reference to the relevant documents containing the information.
Please ensure information provided in the Business Plan clearly identifies which specific requirement of Commission Delegated Regulation 2017/571 it refers to and in which document that information is provided.
Where a requirement of Commission Implementing Regulation (EU) 2017/1110 or Commission Delegated Regulation (EU) 2017/571 of 2 June 2016 is not applicable to the data reporting service that the applicant is applying for, please state this in the application form.

Information on the organisation (Article 2 of Commission Delegated Regulation (EU) 2017/571)
_______________________________________________________________________________
Corporate Governance arrangements (Article 3 of Commission Delegated Regulation (EU) 2017/571 )
_______________________________________________________________________________
Information on the members of the management body (Article 4 of Commission Delegated Regulation (EU) 2017/571 _______________________________________________________________________________
Information on Conflicts of Interest (Article 5 of Commission Delegated Regulation (EU) 2017/571 )
_______________________________________________________________________________
Information on Organisational requirements regarding outsourcing (Article 6 of Commission Delegated Regulation (EU) 2017/571 )
_______________________________________________________________________________
Information on Business continuity and back-up facilities (Article 7 of Commission Delegated Regulation (EU) 2017/571 )
_______________________________________________________________________________
Information on Testing and capacity (Article 8 of Commission Delegated Regulation (EU) 2017/571 )
_______________________________________________________________________________
Information on Security (Article 9 of Commission Delegated Regulation (EU) 2017/571 )
_______________________________________________________________________________
Information on the Management of incomplete or potentially erroneous information by APAs and CTPs (Article 10 of Commission Delegated Regulation (EU) 2017/571)
_______________________________________________________________________________
Information on Management of incomplete or potentially erroneous information by ARMs (Article 11 of Commission Delegated Regulation (EU) 2017/571)
_______________________________________________________________________________
Information on Connectivity of ARMs (Article 12 of Commission Delegated Regulation (EU) 2017/571)
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Information on Other services provided by CTPs (Article 13 of Commission Delegated Regulation (EU) 2017/571)
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Information on Publication Arrangements (Chapter 3 of Commission Delegated Regulation (EU) 2017/571)