Markets in Financial Instruments Directive II (MiFID II)

The Markets in Financial Instruments Directive (MiFID) originally aimed to increase competition and integration in markets for financial instruments. After the financial crisis, it was evident that greater investor protection was needed.

The EU created MiFID II to broaden the scope to other financial instruments and trading venues. This extends to market participants and activities not previously regulated. Most of it is adopted into the FCA's Handbook.

Our Markets in Financial Instruments Directive II (MiFID II) Course explains the new MiFID II rules and what is required to comply with these rules.

Start your trial Course details

40 Minutes
For all staff
Based on UK legislation, but suitable for global audiences upon the removal of UK-specific references and translation as necessary.

Learning objectives

Identify the aims and objectives of MiFID II
Appreciate the measures being introduced to improve the governance regime, including product governance, remuneration, HFT, safeguarding client assets, trading and reporting obligations
Take appropriate action to protect and give value to investors in relation to the provision of information and advice, suitability assessments, inducements, research, etc
Maintain and keep appropriate records for financial transactions in line with regulatory requirements

Welcome

What is MiFID II?

Why is it important for you?

Client categorisation

Conflicts of interest

Inducements

You make the call: What are the rules on the inducements?

Research

RPA restrictions

Remuneration

Product governance

What this means for product manufacturers
What this means for product distributors
What do you think: FCA intervention
You make the call: Product governance rules

Suitability & complex products

Appropriateness
You make the call: Suitability & appropriateness tests
Equivalent tests
The rules on switching

Information disclosure to clients

Scenario: Eva provides information

Investment advice

Investment advice
You make the call: Is it a personal recommendation or not?

Safeguarding of client assets

You make the call: Is it a breach or not?

Best execution

Trading obligations

Transaction reporting

Scenario: The rules on transaction reporting

Publication requirements for investment firms

Publication requirements for liquidity providers
You make the call: Delivering the best possible result for clients

Commodities and derivatives

High frequency algorithmic trading (HFAT) & direct electronic access

Systems & controls for HFT & direct electronic access
You make the call: The rules on HFT & direct electronic access

Market structure - systematic internaliser

Outsourcing

Record keeping

You make the call: Record keeping rules

Complaints

Summary
Affirmation
Assessment

Your questions, answered

Financial Crime

CoreCompliance

FCA Handbook

How can I log and track incidents of financial crime in my organisation?

Our Compliance Breach Register allows you to securely log and monitor incidents of financial crime, such as bribery or money laundering. The tool enables you to track resolution progress and maintain a clear audit trail, ensuring accountability and compliance with regulatory requirements.

How can I ensure my employees understand and comply with our internal policies in relation to financial crime?

Our Policy Hub enables you to distribute policies such as your Anti-Money Laundering (AML) policy to employees, track acknowledgements, and send automated reminders. This ensures everyone understands their obligations and helps you maintain compliance with financial crime regulations.
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Can small businesses be held accountable under competition law?

Yes. Competition law applies to businesses of all sizes. Even small companies can face investigations and serious penalties for engaging in anti-competitive conduct.

Are informal conversations with competitors risky?

Absolutely. Informal chats, especially those involving prices, market plans, or customers, can constitute unlawful agreements and should be avoided.

What are the consequences of breaking competition law?

Violations can lead to heavy fines for companies, director disqualification, criminal prosecution, and reputational damage.

How can companies prevent anti-competitive behaviour?

By implementing regular compliance training, setting clear internal policies, encouraging reporting of concerns, and ensuring employees understand the legal risks.

Does the Criminal Finances Act 2017 apply to non-UK companies?

Yes. The Act can apply to overseas entities if any part of the tax evasion facilitation occurs within the UK or involves UK tax liabilities. Multinational firms with UK operations should take note.

What industries are most at risk under the Criminal Finances Act?

Industries with complex financial transactions, high-value assets, or extensive third-party relationships such as banking, legal services, real estate, and professional consulting are particularly exposed to conduct and facilitation risks.

How often should businesses review their tax evasion prevention procedures?

Best practice is to conduct reviews annually or whenever there are significant changes in business operations, regulatory guidance, or risk exposure. Regular audits help ensure ongoing compliance.

Can small businesses be prosecuted under the Criminal Finances Act 2017?

Yes. The Act applies to all organisations, regardless of size. However, the HMRC’s guiding principles allow for proportionality, meaning smaller firms are expected to implement controls that match their risk level and operational complexity.

What industries are most vulnerable to proliferation financing risks?

Industries dealing with dual-use goods, advanced technologies, chemicals, and logistics are particularly exposed. Financial institutions supporting international trade also face elevated risks.

How can small businesses ensure compliance with proliferation financing regulations?

Even SMEs should implement basic risk assessments, maintain up-to-date sanctions screening tools, and train staff on red flags related to trade-based money laundering and dual-use items.

Are there international standards for combating proliferation financing?

Yes. The Financial Action Task Force (FATF) provides global guidelines, including Recommendation 7, which focuses on targeted financial sanctions related to proliferation.

What are “dual-use goods” and why are they significant?

Dual-use goods are items that can serve both civilian and military purposes. Their trade is tightly regulated due to the potential for misuse in weapons development.

How often should proliferation financing risk assessments be updated?

Best practice suggests reviewing risk assessments annually or whenever there are significant changes in business operations, customer profiles, or geopolitical developments.

What is an anti-money laundering check?

As per Experian, AML checks “help prevent money laundering by confirming potential customers and businesses are who they say they are, and assessing how likely it is they’re involved in financial crime. For entities regulated by the Financial Conduct Authority (FCA), this due diligence is considered essential and is a legal requirement”.

What is anti-money laundering compliance?

Following AML laws, regulations and procedures to detect and stop suspicious and illicit money flows, including fraud and terrorist financing.

Which courses are included in CoreCompliance?

All users get access to courses on popular compliance topics, such as: bribery, cybersecurity, equality, health and safety. In addition, you can get courses specific to your business sector.

There are over 150 courses included within the CoreCompliance package. The actual courses provided depend on the sector chosen for the subscription.

Are CoreCompliance courses only intended for use by those based in the UK?

Most of our courses are non-jurisdiction-specific and informed by global standards. However, some of them are specifically about UK law. We currently only recommend CoreCompliance outside the UK for courses on common standards. This includes Modern Slavery, Money Laundering, and Bribery.

Do the courses bookmark my progress?

Yes, all the courses have automatic bookmarking. If you close a course without completing it, you can return to where you left off or restart the course. However, if the course features a video, your progress through the video will not be bookmarked, and you'll need to start the video afresh upon your return.

What are in-depth courses?

Your subscription includes in-depth e-learning courses on bribery, money laundering, data protection, and equality. This is ideal for annual compliance training. Each course takes 30-45 minutes and provides comprehensive foundational knowledge. They can evidence that with a certificate and CPD points.

What are microlearning courses?

The CoreCompliance includes microlearning courses on most topics that you need for employee compliance training. These are typically 2-3 minutes long and illustrate the compliance topic using engaging visuals and storylines. For each course, employees can download a certificate evidencing their completion.

Can we use a Skillcast certificate to evidence training to regulators, courts, etc?

Yes, you can present a Skillcast certificate to evidence training. Skillcast can verify its validity, i.e., when and on which account the training was done, the time spent, etc. But of course, we can't prevent one person from sitting in place of another to do the training. That's up to the client company to ensure. Also, Skillcast is not an accredited certification body. Therefore, the certificates are only proof of training completion, not a legal document.

What is "mandatory training"?

All users in your account can see all the courses available for your business sector. You can set any of these courses as "mandatory training" for one or more users. Doing this assigns the courses to them with a deadline and sends them notification emails. If they don't complete the course within the deadline, they get reminder emails to complete the assignment.

How do I check my mandatory training?

The "Mandatory Training" box on the homepage shows the percentage of completed, incomplete, and overdue mandatory training. Select the box to access your incomplete mandatory training. The date (shown in the DD/MM/YYYY format) is your deadline for completing the course.

What is in my training record?

Your training record shows a list of the courses that you've started and completed. You can select each entry to see more details, such as your passing score and your certificate. You can access your training record by selecting "Certificates" at the top of the screen.

Can I get certificates for courses I've completed?

Yes, you can download a course completion certificate after you've completed a course. To do this, select "Certificates" at the top of your screen, and then choose the relevant course from the list of those that you've completed.

How do I update my details?

Select "My Profile" at the top of the screen to change your details.

Do I get a dashboard to manage my employees?

Yes, CoreCompliance provides you with an admin dashboard where you can manage and monitor your learners. It enables you to check whether your employees have completed the mandatory training you have assigned to them. You can also download a report showing the completed, pending or overdue assignments for all your users.

How do I start a subscription?

Subscribing to the CoreCompliance is easy. You are already registered for a trial. Select "Purchase" at the top of the screen and select the number of seats you need (you will need a seat for yourself). You can pay using a credit or debit card, which will be processed by Stripe.

Can I change the number of seats in my subscription?

Yes, you can upgrade your subscription to a higher number of seats at any point during your subscription. This will be at a pro-rata charge by selecting "Billing" at the top of the page. You can also reduce the number of seats at any point, but this change will take effect from the next renewal date.

Can I get monthly or annual subscriptions?

All subscriptions are on an annual basis. We don't offer monthly subscriptions.

Can I get an invoice for the subscription?

Yes, you will receive your invoice and payment receipt by email. After the purchase, you can also log in to Stripe to download your invoice and receipt.

How long do I have to wait to assign training after making the payment?

After your payment has been processed successfully, you and your employees will have immediate access to all the e-learning. You will need to add their names and email addresses to give them access.

How do I purchase more seats?

Your admin dashboard shows the number of seats you currently have available. You can purchase more seats at any point during your subscription. To do this, select "Billing" at the top of the page, allowing you to add more users to your Portal. You can have a maximum of 50 seats in total.

Can I reuse the seats of employees who have left my company?

Yes, you can free up seats by archiving users who have left your company and assigning them to others in your company.

Can I add more than 50 users to my subscription?

CoreCompliance is only available for up to 50 users. If you require more than 50 seats, you will need to upgrade to our Standard Plan. You can contact our Sales team via our website.

Can I get a refund if I terminate my subscription partway through the year?

Unfortunately, not. CoreCompliance subscriptions are for a whole year. If you terminate your subscription partway through the year, we will not renew it, but we can't give you any refunds.

Can small businesses be held accountable under competition law?

Yes. Competition law applies to businesses of all sizes. Even small companies can face investigations and serious penalties for engaging in anti-competitive conduct.

Can small businesses be prosecuted under the Criminal Finances Act 2017?

How can small businesses ensure compliance with proliferation financing regulations?

Even SMEs should implement basic risk assessments, maintain up-to-date sanctions screening tools, and train staff on red flags related to trade-based money laundering and dual-use items.

Which principle is most important in an insurance contract?

Utmost good faith is the most critical, requiring both parties to disclose all material facts. Without it, contracts risk being invalidated under UK insurance law.

What is proximate cause in insurance?

It is the dominant, effective cause of loss, not merely the last or nearest event. Courts use proximate cause to determine whether a peril covered by the policy actually triggered the claim.

How does the principle of indemnity work in real-life claims?

The principle of indemnity ensures you’re restored to your pre-loss financial state, not profiting from claims. For example, if your insured car repair costs £9,000, the insurer pays that amount, not the full policy limit.

What types of firms are regulated under CONC?

Under the Consumer Credit sourcebook (CONC), firms engaged in consumer credit activities, including lenders, credit brokers, debt management firms, and credit information services, are regulated by the Financial Conduct Authority (FCA). This encompasses a broad spectrum of consumer finance services, such as personal loans, hire purchase agreements, and credit broking.

How often should firms review their CONC compliance policies?

Firms are required to review their CONC compliance policies regularly to ensure they remain effective and up to date. While the FCA does not prescribe a specific review frequency, it is generally expected that firms assess their compliance arrangements periodically, taking into account changes in business operations, regulatory updates, and market conditions.

What triggers an FCA investigation into CONC breaches?

The FCA may initiate an investigation into potential breaches of CONC if there is evidence of widespread or repeated failures that could harm consumers. Triggers include patterns of non-compliance, consumer complaints, or findings from supervisory activities that suggest systemic issues.

What kind of staff training is required to meet CONC standards?

To meet CONC standards, firms must ensure that their staff receive appropriate training and supervision. This includes providing relevant training before employees work with reduced supervision and ensuring supervisors have the necessary technical knowledge and coaching skills.

How does insider trading affect businesses and investors?

Insider trading damages market fairness, giving some investors an unfair advantage and undermining trust. For businesses, it risks reputational harm and FCA penalties, even without personal gain. Investors face distorted prices and reduced confidence, with the FCA finding signs of insider dealing in nearly a third of UK takeovers.

What tools are used to detect insider trading?

The FCA relies on surveillance systems, transaction data, and Suspicious Transaction and Order Reports (STORs). Firms must keep insider lists and use internal trade monitoring, pre-clearance systems, and staff training.

How does the FCA regulate insider trading?

The FCA regulates insider trading under the Financial Services and Markets Act 2000, the Criminal Justice Act 1993, and UK MAR, reinforced by the Financial Services Act 2021. Sanctions include unlimited fines, injunctions, public censures, and up to 10 years’ imprisonment.

What is a Recognised Investment Exchange (RIE) and how is it regulated?

A Recognised Investment Exchange (RIE) is a UK exchange authorised by the FCA to trade securities or derivatives. RIEs must maintain orderly markets, monitor for abuse, and ensure member compliance, with the FCA supervising their operations and enforcing rules as needed.

What steps can firms take to avoid FCA penalties?

Firms can mitigate the risk of FCA penalties by establishing comprehensive compliance frameworks. This includes implementing clear policies on market abuse, conducting regular staff training, maintaining accurate insider lists, and ensuring timely submission of Suspicious Transaction and Order Reports (STORs). Additionally, firms should regularly audit their surveillance systems to detect and address any potential issues promptly.

How does the FCA monitor and detect market abuse?

The FCA employs advanced surveillance tools to monitor trading activities, including the analysis of transaction reports and order books. Firms are required to submit STORs when they suspect market abuse, and issuers must maintain insider lists. The FCA also collaborates with other regulators and uses data analytics to identify and investigate potential instances of market abuse, ensuring the integrity of UK financial markets.

What does FCA COBS stand for?

FCA COBS stands for the Financial Conduct Authority’s Conduct of Business Sourcebook, which sets out rules and guidance for how regulated firms must interact with clients, market products, and provide advice.

What is the main purpose of COBS?

Its goal is to ensure firms act honestly, fairly, and professionally in the best interests of clients, with clear, fair, and not misleading communications.

Where can I find the full COBS rules?

The complete COBS section is available in the FCA Handbook, which is updated frequently.

Who needs to comply with COBS rules?

Any FCA‑regulated firm carrying out designated investment business, ancillary services, or insurance‑related activities in the UK, including advisers, brokers, wealth managers, and investment platforms must comply.

Who do the FCA Principles apply to?

They apply to all FCA‑regulated firms and individuals performing controlled functions, regardless of size or sector.

How are the FCA Principles enforced?

The FCA enforces the Principles through regulatory, civil, and criminal powers, including fines, public censures, and prohibitions. Their approach is detailed in the FCA Enforcement Guide.

What happens if a firm fails to notify the FCA of an issue?

Firms are required to notify the FCA promptly of any matters that could have a significant adverse impact on their ability to meet regulatory requirements. Failure to do so can result in enforcement action, including fines or other sanctions.

How can firms ensure compliance with the FCA Principles?

Firms can ensure compliance with the FCA Principles by implementing robust governance frameworks, conducting regular risk assessments, and maintaining effective internal controls. This includes establishing clear policies and procedures, providing ongoing staff training, and fostering a culture of compliance throughout the organisation.

How often should FCA Code of Conduct training be refreshed to remain effective?

Firms should refresh Code of Conduct training at least annually, or more frequently if there are significant regulatory updates, changes in business processes, or lessons learned from compliance breaches. Regular refreshers help maintain awareness and reinforce the expected behaviours across the organisation.

How can firms tailor Code of Conduct training for high‑risk business areas?

Training should be customised to reflect the specific risks and responsibilities of high-risk areas, such as trading desks or advisory teams. This can include scenario-based exercises, role-specific guidance, and practical examples relevant to the department’s day-to-day activities, ensuring staff understand the real-world implications of the Conduct Rules.

What tools or technology can support ongoing compliance monitoring?

Firms can leverage compliance monitoring software to track employee behaviour, trade activity, and adherence to policies. This includes workflow tracking, automated alerts, data analytics, and communication surveillance systems to identify potential breaches quickly and efficiently.

What steps can be taken to rebuild trust after a breach of the Conduct Rules?

Rebuilding trust requires transparency, accountability, and proactive remediation. Firms should promptly investigate the breach, implement corrective measures, communicate clearly with stakeholders, and enhance training and oversight to prevent recurrence. Demonstrating a strong culture of compliance and ethical behaviour is key to restoring confidence among clients, staff, and regulators.

Who needs to comply with CASS rules?

Any firm regulated by the FCA that holds or controls client money or assets must comply with CASS rules. This includes investment firms, asset managers, and certain insurance intermediaries.

How often should firms review their CASS compliance procedures?

Firms should review their procedures at least annually, or whenever there are changes in regulation, business structure, or risk exposure. Regular internal audits and gap analyses are recommended.

What role does staff training play in CASS compliance?

Training is critical. Staff must understand their responsibilities under CASS, know how to handle client money and assets correctly, and be able to identify and escalate potential breaches.

Which FCA compliance topics are covered?

Skillcast supports financial-services learning in areas including Consumer Duty, SM&CR, Conduct Rules, financial crime, fraud, financial promotions, vulnerable customers, complaints, CASS, COBS, CONC, MCOB, operational resilience, data protection and information security.

Markets in Financial Instruments Directive II (MiFID II)

Learning objectives

What can you expect your employees to learn?

Welcome

What is MiFID II?

Client categorisation

Conflicts of interest

Inducements

Research

Remuneration

Product governance

Suitability & complex products

Information disclosure to clients

Investment advice

Safeguarding of client assets

Best execution

Trading obligations

Transaction reporting

Publication requirements for investment firms

Commodities and derivatives

High frequency algorithmic trading (HFAT) & direct electronic access

Market structure - systematic internaliser

Outsourcing

Record keeping

Complaints

SummaryAffirmationAssessment

Start your compliance e-learning journey with a free trial

Your questions, answered

How can I log and track incidents of financial crime in my organisation?

How can I ensure my employees understand and comply with our internal policies in relation to financial crime?

Can small businesses be held accountable under competition law?

Are informal conversations with competitors risky?

What are the consequences of breaking competition law?

How can companies prevent anti-competitive behaviour?

Does the Criminal Finances Act 2017 apply to non-UK companies?

What industries are most at risk under the Criminal Finances Act?

How often should businesses review their tax evasion prevention procedures?

Can small businesses be prosecuted under the Criminal Finances Act 2017?

What industries are most vulnerable to proliferation financing risks?

How can small businesses ensure compliance with proliferation financing regulations?

Are there international standards for combating proliferation financing?

What are “dual-use goods” and why are they significant?

How often should proliferation financing risk assessments be updated?

What is an anti-money laundering check?

What is anti-money laundering compliance?

Which courses are included in CoreCompliance?

Are CoreCompliance courses only intended for use by those based in the UK?

Do the courses bookmark my progress?

What are in-depth courses?

What are microlearning courses?

Can we use a Skillcast certificate to evidence training to regulators, courts, etc?

What is "mandatory training"?

How do I check my mandatory training?

What is in my training record?

Can I get certificates for courses I've completed?

How do I update my details?

Do I get a dashboard to manage my employees?

How do I start a subscription?

Can I change the number of seats in my subscription?

Can I get monthly or annual subscriptions?

Can I get an invoice for the subscription?

How long do I have to wait to assign training after making the payment?

How do I purchase more seats?

Can I reuse the seats of employees who have left my company?

Can I add more than 50 users to my subscription?

Can I get a refund if I terminate my subscription partway through the year?

Can small businesses be held accountable under competition law?

Can small businesses be prosecuted under the Criminal Finances Act 2017?

How can small businesses ensure compliance with proliferation financing regulations?

Which principle is most important in an insurance contract?

What is proximate cause in insurance?

How does the principle of indemnity work in real-life claims?

What types of firms are regulated under CONC?

How often should firms review their CONC compliance policies?

What triggers an FCA investigation into CONC breaches?

What kind of staff training is required to meet CONC standards?

How does insider trading affect businesses and investors?

What tools are used to detect insider trading?

How does the FCA regulate insider trading?

What is a Recognised Investment Exchange (RIE) and how is it regulated?

Summary
Affirmation
Assessment