Featured Product

    ESMA Adopts Product Intervention Measures on CFDs and Binary Options

    June 01, 2018

    ESMA formally adopted new measures on the provision of contracts for differences (CFDs) and binary options to retail investors. The measures have been published in the Official Journal of the European Union and will start to apply from August 01, 2018 for CFDs and from July 02, 2018 for binary options. ESMA adopted these measures in the official languages of EU and they will remain in force for a period of three months from the date of application.

    The measures on CFDs involve restriction on the marketing, distribution, or sale of CFDs to retail investors. This restriction consists of leverage limits on opening positions, a margin close-out rule on a per account basis, a negative balance protection on a per account basis, preventing the use of incentives by a CFD provider, and a firm-specific risk warning delivered in a standardized way. The measures on binary options involve prohibition of the marketing, distribution, or sale of binary options to retail investors. MiFIR gives ESMA the power to introduce temporary intervention measures on a three monthly basis. Before the end of the three months, ESMA will review the product intervention measures and consider the need to extend them for a further three months.

    ESMA also published questions and answers (Q&A) on the temporary product intervention measures on the marketing, distribution, or sale of CFDs and binary options to retail clients, based on Article 40 of the Markets in Financial Instruments Regulation (MiFIR or Regulation (EU) No 600/2014). The Q&A provides answers to practical questions in relation to the existing contracts, payments, margin close-out protection, aggregate liability, monetary benefits, binary options, CFDs referencing futures, and guaranteed stop-loss orders. Additionally, EIOPA published a statement on consumer detriment resulting from policyholder exposure to CFDs and binary options. Considering the potential future risks to policyholders, EIOPA expects insurance undertakings to avoid as possible direct underlyings of insurance-based investment products, the instruments for which ESMA has issued a ban or restriction. In addition, ESMA published Q&A 

     

    Related Links

    Effective Date: August 01, 2018 (3 months for CFDs); July 02, 2018 (3 months for binary options)

    Keywords: Europe, EU, Securities, Insurance, Temporary Intervention Measures, CFDs, Binary Options, Q&A, MiFIR, EIOPA, ESMA

    Related Articles

    PRA Publishes Q&A on Property Valuation Requirements Under CRR

    PRA published a set of questions and answers (Q&A) covering common queries regarding residential and commercial property valuations, for the purpose of the Capital Requirements Regulation (CRR), during the period of disruption caused by COVID-19 pandemic.

    May 29, 2020 WebPage Regulatory News

    EBA Publishes Guidelines on Loan Origination and Monitoring

    EBA published guidelines on loan origination and monitoring, which bring together prudential standards and consumer protection obligations, along with the anti-money laundering and the Environmental, Social, and Governance (ESG) considerations.

    May 29, 2020 WebPage Regulatory News

    EBA Proposes Revised Standards for Own Funds and Eligible Liabilities

    EBA published a consultation paper on the draft amended regulatory technical standards on own funds and eligible liabilities.

    May 29, 2020 WebPage Regulatory News

    EBA Sets Out Supervisory Convergence Plan for 2020

    EBA published a report on convergence of supervisory practices in 2019.

    May 29, 2020 WebPage Regulatory News
    News

    IOSCO Consults on Outsourcing Principles for Operational Resilience

    IOSCO proposed updates to its principles for regulated entities that outsource tasks to service providers.

    May 28, 2020 WebPage Regulatory News
    News

    MAS Consortium to Develop AI Fairness Metrics for Credit Scoring

    MAS announced that the first phase of the Veritas initiative will commence with the development of fairness metrics in credit risk scoring and customer marketing.

    May 28, 2020 WebPage Regulatory News

    BoE Updates Definitions for BTL Data Collection

    BoE published the Statistical Notice 2020/4 to update the buy-to-let (BTL) Phase 2 and Phase 3 definitions for the Interest Rate Type data item.

    May 28, 2020 WebPage Regulatory News
    News

    FSI Examines Financial Stability Implications of Payment Deferrals

    FSI published a brief note that examines challenges facing the banking sector as a result of the payment deferral programs put in place to support borrowers affected by the COVID-19 pandemic.

    May 28, 2020 WebPage Regulatory News
    News

    RBNZ Publishes Financial Stability Report for May 2020

    RBNZ published the financial stability report for May 2020. This review of the financial system in the country highlights that the economic disruption associated with COVID-19 will present challenges to the financial system.

    May 27, 2020 WebPage Regulatory News
    News

    PRA Finalizes Policy on Prudent Person Principle Under Solvency II

    PRA published the policy statement PS14/20, which contains the supervisory statement SS1/20 and the feedback to responses to the consultation paper CP22/19 on expectations for investment by firms in accordance with the Prudent Person Principle, or PPP, as set out in the Investments Part of the PRA Rulebook.

    May 27, 2020 WebPage Regulatory News
    RESULTS 1 - 10 OF 5234