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Markets in Financial
Instruments Directive (MiFID)
DIRECTIVE 2004/39/EC
Article 45
Post-trade transparency requirements for regulated markets
1. Member States shall, at least, require regulated markets to
make public the price, volume and time of the transactions
executed in respect of shares admitted to trading. Member States
shall require details of all such transactions to be made public,
on a reasonable commercial basis and as close to real-time as
possible.
Regulated markets may give access, on reasonable commercial terms
and on a non-discriminatory basis, to the arrangements they employ
for making public the information under the first subparagraph to
investment firms which are obliged to publish the details of their
transactions in shares pursuant to Article 28.
2. Member States shall provide that the competent authority may
authorise regulated markets to provide for deferred publication of
the details of transactions based on their type or size. In
particular, the competent authorities may authorise the deferred
publication in respect of transactions that are large in scale
compared with the normal market size for that share or that class
of shares.
Member States shall require regulated markets to obtain the
competent authority's prior approval of proposed arrangements for
deferred trade-publication, and shall require that these
arrangements be clearly disclosed to market participants and the
investing public.
3. In order to provide for the efficient and orderly functioning
of financial markets, and to ensure the uniform application of
paragraphs 1 and 2, the Commission shall, in accordance with the
procedure referred to in Article 64(2) adopt implementing measures
in respect of:
(a) the scope and content of the information to be made available
to the public;
(b) the conditions under which a regulated market may provide for
deferred publication of trades and the criteria to be applied when
deciding the transactions for which, due to their size or the type
of share involved, deferred publication is allowed.
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