ICE FEU MiFID Investment Firm Status


On Jul. 10, ICE FEU reminded members to attest MiFID and LEI status.


  • ICE FEU issued circular Circular is to inform members it requires them re-attest to ICE FEU their MiFID Investment Firm Status under MiFIR Transaction Reporting provisions.
  • It also requires them to confirm that their Legal Entity Identifier (LEI) is correct.
  • And, for certain members, attest the location of the RIM to confirm trading branch locations are correctly identified by their Responsible Individual Mnemonics (RIMs).
  • Purpose
  • LEI, MiFID Investment Firm Status attestation was introduced by ICE FEU in 2020; also covers entities that are members of ICE FEU affiliated trading venue, ICE Endex BV.
  • Members should note that any entity required to report transactions under EU-MiFIR or UK-MiFIR or by virtue of their authorisation by UK FCA as a Third Country Firm under SUP 17.A.1.2 should attest themselves as a MiFID Investment Firm to ICE FEU.
  • MiFIR requires that, where a transaction is executed on ICE FEU by a member that is not itself subject to the MiFIR Transaction Reporting provisions, ICE FEU must report the transaction's details to its regulatory authority; thus, to discharge this obligation, ICE FEU must have accurate information on reporting obligations of all of its members.
  • Action
  • To prepare for re-attestation, ICE FEU reset member company attestation in the ICE Identifier Admin (IIA) application on Jul. 1 so members can perform their attestation.
  • IIA application serves ICE FEU and ICE Endex, so MiFID investment firm member in EU or UK-MiFIR should attest themselves as MiFID investment firm in relevant regime.
  • Companies tab in the IIA application is where members must perform the attestation.
  • Regarding RIM Branch Location Attestation, members who are non-UK EU MiFID Investment Firms may have FCA authorisation for their UK branches to transact business with UK customers; if so, ICE FEU must only report transactions executed by their non-UK branches, so it is vital branch locations can be determined accurately.
  • ICE FEU uses the location of the RIM to make this designation; members who are EU but non-UK MiFID Investment Firms must attest that each RIM location is accurate.
  • Branch Location logic also allows third country firms with FCA authorisation to identify which of their branches have reporting obligations to UK FCA; members who do not fall into above referenced categories need not make any attestation of their RIMs.
  • Most Members will already have an individual with the necessary attestation access.
  • Where this is not the case, members should contact the ICE User Administration team at ICE FEU to agree the individual who will be granted this new attestation access.
  • Effectiveness
  • Attestation portal became available to all members on Jul. 1, 2024 and ICE FEU requires members to complete their attestations by Sep. 30, 2024.

Regulators ICE FEU
Entity Types B/D; Bank; Depo; Exch; IA; Inv Co; OTC
Reference Cir 24/102, 7/10/2024; MIFIR/MIFIR Dir 2014/65, Reg 600/2014
Functions Accounting; Compliance; Financial; Legal; Operations; Settlement; Trading; Treasury
Countries EU Exchange; United Kingdom
Category
State
Products Banking; Clearing; Derivatives; Fund Mgt; Securities
Regions EMEA
Rule Type Final
Rule Date 7/10/2024
Effective Date 9/30/2024
Rule Id 218769
Linked to N/A
Reg. Last Update 7/10/2024
Report Section EU

Last substantive update on 07/12/2024