Markets in Financial Instruments Act 2018

Regulations concerning markets in financial instruments: provision of indictable offences

5. (1) In this section—

“relevant offence” means an offence under Regulation 119(8) or (9) of the relevant Regulations where the contravention concerned is—

(a) a contravention consisting of providing an investment service or performing an investment activity without the required authorisation in accordance with Regulation 5 of those Regulations,

(b) a contravention of any provision of those Regulations specified in the Table to this section, or

(c) a contravention consisting of a failure to comply with a requirement made, pursuant to Regulation 95(2) of those Regulations, by an authorised officer within the meaning of those Regulations;

“relevant Regulations” means the European Union (Markets in Financial Instruments) Regulations 2017 ( S.I. No. 375 of 2017 ).

(2) A person who is guilty of a relevant offence shall be liable, on conviction on indictment, to a fine not exceeding €10,000,000 or imprisonment for a term not exceeding 10 years or both.

(3) Subsection (2) is without prejudice to any penalties provided by the relevant Regulations in respect of a summary conviction for the relevant offence.


Regulation 16

Regulation 20(1), (2), (7) or (8)

Regulation 23(1)(k), (l) or (m)

Regulation 23(11)

Regulation 24(11)

Regulation 28(1)

Regulation 30

Regulation 31

Regulation 35

Regulation 36

Regulation 37(8)

Regulation 59

Regulation 70(a), (d), (e) or (f)