The material on this site is for financial institutions, professional investors and their professional advisers. It is for information only. Please read our Terms & Conditions, Privacy Policy and Cookies before using this site. Please see our Subscription Terms and Conditions.

All material subject to strictly enforced copyright laws. © 2022 Euromoney, a part of the Euromoney Institutional Investor PLC.

Structured note sellers struggle with Mifid

New regulations are always unpopular with bankers struggling to keep on top of increasing numbers of oversight and compliance rules. The Markets in Financial Instruments Directive (Mifid) is proving particularly unpopular with those working in the equity-linked structured note market, who say it is simplistic in its approach to derivatives-based investments.

"People are struggling with the categorizations of complex and non-complex instruments," says Anders Malm, a partner with Stockholm-based law firm Oreum, which provides legal advice and services to structured note issuers.

Mifid attempts to simplify the product market into two basic types: complex and non-complex. Products that fall into the former category can only be sold on an advisory basis, with the advice provided by a qualified professional adviser. "Mifid says you may not sell complex products on an execution-only basis. If you want to sell a complex product then you have to give advice of one form or another, and of course that takes time and money," says Simon Gleeson, a partner at the Clifford Chance law firm in London.

Products regarded as complex lead to a much greater regulatory burden for the seller because products can only be offered using "appropriateness and suitability" tests, which puts the onus on the company that is in direct contact with the retail investor to establish whether the customer should be investing. The investment firm has to obtain information about the customer’s knowledge and experience of the specific type of product, their financial situation and investment objectives.

You have reached premium content. Please log in to continue reading.

Read beyond the headlines with Euromoney

For over 50 years, our readers have looked to Euromoney to stay informed about the issues that matter in the international banking and financial markets. Find out more about our different levels of access below.


Unlimited access to and

Expert comment, long reads and in-depth analysis interviews with senior finance professionals

Access the results of our market-leading annual surveys across core financial services

Access the results of our annual awards, including the world-renowned Awards for Excellence

Your print copy of Euromoney magazine delivered monthly

£73.75 per month

Billed Annually


Unlimited access to and, including our top stories, long reads, expert analysis, and the results of our annual surveys and awards

Sign up to any of our newsletters, curated by our editors


Already a user?

We use cookies to provide a personalized site experience.
By continuing to use & browse the site you agree to our Privacy Policy.
I agree