On September 14, 2018, the Financial Conduct Authority published a direction on how EEA market operators can apply for recognition as an overseas investment exchange in preparation for Brexit. EEA market operators operating a regulated market, a multilateral trading facility or an organised trading facility currently use passports granted under the revised Markets in Financial Instruments Directive to give their U.K.-based members access to their markets. Once the U.K. has left the EU, those passports will no longer be valid and the U.K. Government does not intend to establish a temporary permissions regime in the event of a "no deal" outcome to the EU-U.K. Brexit negotiations or without an agreed implementation period. EEA market operators that engage in regulated activities when providing their U.K. members with access to their markets will need to apply for ROIE status, unless they can rely on the U.K.'s overseas persons exclusion. The FCA's direction sets out the FCA's expectations for EEA market operators.
The FCA's statement is available at: https://www.fca.org.uk/news/statements/our-approach-overseas-market-operators-seeking-apply-become-recognised-overseas-investment-exchange and the FCA's Direction is available at: https://www.fca.org.uk/publication/handbook/roie-direction.pdf.
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