3.

In order to enable the compliance function to discharge its responsibilities properly and independently, Member States shall require investment firms to ensure that the following conditions are satisfied: the compliance function must have the necessary authority, resources, expertise and access to all relevant information; a compliance officer must be appointed and must be responsible for the compliance function and for any reporting as to compliance required by Article 9(2); the relevant persons involved in the compliance function must not be involved in the performance of services or activities they monitor; the method of determining the remuneration of the relevant persons involved in the compliance function must not compromise their objectivity and must not be likely to do so. However, an investment firm shall not be required to comply with point (c) or point (d) if it is able to demonstrate that in view of the nature, scale and complexity of its business, and the nature and range of investment services and activities, the requirement under that point is not proportionate and that its compliance function continues to be effective.

← art_6__para_2__point_b__text_1 · All articles · art_6__para_3__text_1 →

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