The notion of reverse solicitation within the realm of financial services

Abstract

The objective of this thesis is to analyse the scope and current restrictions of the reverse solicitation regime vis-à-vis European financial services law. Given the reliance on ambiguous terminology, ill-defined concepts and inconsistencies throughout MiFID II, the analysis throughout the work concludes that the concept of reverse solicitation in its current form cannot be reliably utilised by third-country financial service providers due to numerous inadvertent non-compliance risks. The study concludes that the current reverse solicitation regime needs to be heavily revised to allow for a sufficient degree of legal certainty.