Market Financial Instruments Directive

General Overview

The Markets in Financial in Financial Instruments Directive 2004/39/EC (MiFID) was implemented in Gibraltar via the Financial Services (Markets in Financial Instruments) Act, 2006 (the Act) and the Financial Services (Markets in Financial Instruments) Regulations, 2007 (the Regulations).

Any investment firm licensed under the Act wishing to passport into another EEA state should notify the GFSC using the forms available in this section.

Forms

Fees

Application fee(s) must be submitted with the notification form(s). Notifications will be considered incomplete and will not processed until the fee is received.

The Annual fee is not payable until your notification is approved.

  Freedom to provide Services Freedom of Establishment / Branch
Application Fee £100* £1,500**
Annual Fee £100 per jurisdiction, subject to a maximum of £500 £3,000 per jurisdiction, subject to a maximum of £15,000

* The fees are per country and per notification.
** The fees are per branch.

Details of the payment methods can be requested from the Accounts Team.

Please note that host states may also levy their own fees. These will be requested directly from you by the host state regulator when they receive the notification.

Service Level Standards

The timescales for processing a notification are prescribed by the MiFID. We recommend you take note of these to ensure that you plan for your business needs in advance.

These are:

  Freedom to provide Services Freedom of Establishment / Branch
Since Date of receipt by the GFSC 1 Month 3 Months

When can I start providing services?

Freedom to provide Services – you may start providing services from the date we confirm that the notification has been forwarded to the host state regulator.

Freedom of Establishment/Branch – the host state regulator has two months, from the date we forward the notification, to process the notification. You may start providing services either 1) when the two months has lapsed and no communication has been received from the host state regulator or 2) before the two months has lapsed if the host state regulator has acknowledged receipt of the notification.