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1.

Member States shall ensure that, when investment firms outsource critical or important operational functions or any investment services or activities, the firms remain fully responsible for discharging all of their obligations under Directive 2004/39/EC and comply, in particular, with the following conditions: the outsourcing must not result in the delegation by senior management of its responsibility; the relationship and obligations of the investment firm towards its clients under the terms of Directive 2004/39/EC must not be altered; the conditions with which the investment firm must comply in order to be authorised in accordance with Article 5 of Directive 2004/39/EC, and to remain so, must not be undermined; none of the other conditions subject to which the firm's authorisation was granted must be removed or modified.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.