Interestingly
question about how to prepare for the MiFID Directive and accompanying
regulation (MiFIR) regulatory change, I think it is half way through answering
in financial industry.
As well known the financial crisis in 2008, European policymakers began to review and update the Markets in Financial Instruments Directive (MiFID I), and accompanying regulation (MiFIR), seeking to increase market stability and confidence, and bolster consumer protections. The MiFID II directive applies to financial industry players that operate and or do business with European firms providing investment services but if the UK banks directly do not directly do business with European firms, does it apply, apparently yes, because regulation says The Markets in Financial Instruments Directive regulates firms who provide services to clients linked to ‘financial instruments’ (shares, bonds, units in collective investment schemes and derivatives), and the venues where those instruments are traded, hence it is clear that not the country or localisation but the financial instruments and trading venues are under Directive regulation and also provide more resilient, transparent and investor-friendly and is part of a number of measures enacted in response to the financial crisis. These include the European Markets Infrastructure Regulation (EMIR), which seeks to make the EU’s OTC derivative market safer, and the Securities Transactions Regulation (SFTR) which seeks to regulate the EU’s shadow-banking sector.
As well known the financial crisis in 2008, European policymakers began to review and update the Markets in Financial Instruments Directive (MiFID I), and accompanying regulation (MiFIR), seeking to increase market stability and confidence, and bolster consumer protections. The MiFID II directive applies to financial industry players that operate and or do business with European firms providing investment services but if the UK banks directly do not directly do business with European firms, does it apply, apparently yes, because regulation says The Markets in Financial Instruments Directive regulates firms who provide services to clients linked to ‘financial instruments’ (shares, bonds, units in collective investment schemes and derivatives), and the venues where those instruments are traded, hence it is clear that not the country or localisation but the financial instruments and trading venues are under Directive regulation and also provide more resilient, transparent and investor-friendly and is part of a number of measures enacted in response to the financial crisis. These include the European Markets Infrastructure Regulation (EMIR), which seeks to make the EU’s OTC derivative market safer, and the Securities Transactions Regulation (SFTR) which seeks to regulate the EU’s shadow-banking sector.
On 3 January 2018, Europe will see the update to the Markets in
Financial Instrument Directive (MiFID II) and the accompanying Regulation
(MiFIR) come into force. Focusing on core principles of the creation of fairer,
safer and more efficient markets, this arguably is the broadest piece of
financial industry legislation ever and has the potential to significantly
change market structures.
Now is the time to be selecting and integrating systematic solutions , depending on your banks business model, it is affecting a wide range of your banks, financial firm’s functions – from trading, transaction reporting and client services to IT and HR systems.
Now is the time to be selecting and integrating systematic solutions , depending on your banks business model, it is affecting a wide range of your banks, financial firm’s functions – from trading, transaction reporting and client services to IT and HR systems.
Let’s review bits and pieces of the Financial Instruments Directive
(MiFID), and accompanying regulation (MiFIR)
MiFID is a
Directive meant, A DIRECTIVE is an official or authoritative instruction
that involves the management or guidance of operations so it is instructions of
management operation. So while the directive needs to be implemented by the
local financial services authorities in each of the EU country while the MiFIR
is European law, the LAW is or the system of rules which a particular country
or community, or operational authorities for common objectives recognizes as
regulating the actions of its members and which it may enforce by the
imposition of penalties and member states need to comply with the new
regulation.
From above it is clear, More Strict is the MIFIR. the Financial Instruments Regulation (MiFIR) reporting is one of the MiFID theme. Key aspects are the pre-trade transparency and Pre-trade transparency.
From above it is clear, More Strict is the MIFIR. the Financial Instruments Regulation (MiFIR) reporting is one of the MiFID theme. Key aspects are the pre-trade transparency and Pre-trade transparency.
I will not go into detail of MIFIR here but need to understand why
need MiFID II if there is MifID I, the original Markets in Financial Instruments
Directive (MiFID - One) lead to a major shift in the cash equity markets.... It
was required to remove barriers to cross-border financial services within
Europe union for a safer, more transparent and evenly balanced marketplace as a
whole.
The MiFID 1
Directive (2004/39/EC) (“MiFID”) was a significant development in the
regulatory architecture of the EU.
It replaced the Investment Services Directive (93/22/EEC) (“ISD”), establishing a new regulatory regime for securities and derivatives introduced, for example, the concept of multilateral trading facilities (“MTFs”) and “systematic in sternalisers” (“SIs”) and imposed pre- and post - trade transparency on these entities (in certain cases) and others. MiFID was agreed in 2004 as a level 1 or framework directive, which followed the Lamfalussy process (a four- level approach to the production and implementation of EU single financial services market legislation).
It replaced the Investment Services Directive (93/22/EEC) (“ISD”), establishing a new regulatory regime for securities and derivatives introduced, for example, the concept of multilateral trading facilities (“MTFs”) and “systematic in sternalisers” (“SIs”) and imposed pre- and post - trade transparency on these entities (in certain cases) and others. MiFID was agreed in 2004 as a level 1 or framework directive, which followed the Lamfalussy process (a four- level approach to the production and implementation of EU single financial services market legislation).
The level 1
directive applied from 1November 2007 and is supplemented by the following
level 2 legislation, adopted by the European Commission (“Commission”) in
August 2006: the Commission Directive 2006/73/EC (“MiFID Implementing
Directive”), which deals predominantly with the organisational and conduct
requirements for investment firms Commission Regulation 1287/2006/EC (“MiFID
Implementing Regulation”), which sets out a number of the details regarding the
MiFID secondary markets regime.
WHAT is the KEY CHANGE in MIFID 1
- the
concept of multilateral trading facilities (“MTFs”) and “systematic in
sternalisers” (“SIs”) and imposed pre- and post - trade transparency the SIs
market makers-matching customer orders internally rather than showing these to
the market. Mifid replaces rules in many markets that require trades to be
executed at local exchanges. Instead, banks will be allowed to act as
"systematic internalisers",
So why need MIFID 2, is it extension to MIFID 1
, The MiFID one was to strengthen the single market for investment
services and activities, thereby harmonising investor protection and increasing
competition in EU financial markets. Many of these aims were achieved, such as
allowing trading venues and investment firms to operate across the EU. However,
technological development, the increasing complexity of both products and
services and the flaws highlighted by the financial crisis led the European
Commission to suggest a significant number of revisions to the initial
directive in its consultation of 8th December 2010.
The result of this consultation and review is the Markets in Financial Instruments Directive (2014/65/EU) (“MiFID II”) . In simple under the MIFID 2 is government is not seeking to make fundamental changes to its structure, but to work within the existing framework. The UK Government believes that this is consistent with minimising the Primary amendments to FSMA and related statutory instrument under MiFID II.
The result of this consultation and review is the Markets in Financial Instruments Directive (2014/65/EU) (“MiFID II”) . In simple under the MIFID 2 is government is not seeking to make fundamental changes to its structure, but to work within the existing framework. The UK Government believes that this is consistent with minimising the Primary amendments to FSMA and related statutory instrument under MiFID II.
In
the UK Government has Designates the FCA, PRA and the Bank of England as
competent authorities for the purposes of MiFID II and MiFIR (I will explain in
next section) . In UK the FCA will be principally responsible for supervision
of compliance with MiFID II and MiFIR, but it is not 0nly affects the
organisational requirements of a number of the banks and all of the major
investment firms supervised by the PRA but also touches on CCPs who are
authorised and supervised by the Bank of England.
In next
section, I will have more details on the instrument under MIfIR
compliance. Buyer side and seller side rules and what is the pre-trade and
post transparency and any waivers.
Perfect opportunity to understand what the ESMA is and the FCA thinks on
the implementation, please see our upcoming event on Meetup.com...that will discussed under following:
· Headline changes to the Buy-Side Reporting, Off
course, I will also touch upon Top Consulting (top 5Cs) view along and the
readiness of the Off the shelf solution or system providers in readiness for
Pre and post transaction such as UnaVista, Bloomberg the LSE London Stock
Exchange Group's global hosted platforms for all matching, validation and
reconciliation needs.
- What is Clock Synchronisation which might sounds easy, but could amount to major IT task, the same as reporting requirements and transparency regulations.
Transaction
Reporting Basics, Definition of execution of a transaction, transaction
Reporting User Pack (TRUP). it can be located here
: https://www.fca.org.uk/publication/finalised-guidance/fsa-fg12-07. Transmission
of order – implications for buy-side
Reporting
exemptions and Re-portable instruments Key Principals of the trading Capacity
and impact on ‘buyer’/’seller’ fields and validation rules and the Annex II-
Data validation rules for transaction reporting - ESMA. Rules can be
located here www.esma.europa.eu/sites/default/files/library/validation_rules.xlsx
Let’s review bits and pieces of the Financial Instruments Directive (MiFID),
and accompanying regulation (MiFIR)
MiFID is a
Directive meant, A DIRECTIVE is an official or authoritative instruction
that involves the management or guidance of operations so it is instructions of
management operation. So while the directive needs to be implemented by the
local financial services authorities in each of the EU country while the MiFIR
is European law, the LAW is or the system of rules which a particular country
or community, or operational authorities for common objectives recognizes as
regulating the actions of its members and which it may enforce by the
imposition of penalties and member states need to comply with the new
regulation. From above it is clear, More Strict is the MIFIR. the Financial Instruments
Regulation (MiFIR) reporting is one of the MiFID theme. Key aspects are the
pre-trade transparency and Pre-trade transparency. We will not go into
detail of MIFIR here but need to understand why need MiFID II if there is
MifID one, the original Markets in Financial Instruments Directive (MiFID -
One) lead to a major shift in the cash equity markets.... It was required to
remove barriers to cross-border financial services within Europe union for a
safer, more transparent and evenly balanced marketplace as a whole.
The MiFID 1 Directive (2004/39/EC) (“MiFID”) was a significant development in the regulatory architecture of the EU. It replaced the Investment Services Directive (93/22/EEC) (“ISD”), establishing a new regulatory regime for securities and derivatives introduced, for example, the concept of multilateral trading facilities (“MTFs”) and “systematic in sternalisers” (“SIs”) and imposed pre- and post - trade transparency on these entities (in certain cases) and others. MiFID was agreed in 2004 as a level 1 or framework directive, which followed the Lamfalussy process (a four- level approach to the production and implementation of EU single financial services market legislation). The level 1 directive applied from 1November 2007 and is supplemented by the following level 2 legislation, adopted by the European Commission (“Commission”) in August 2006: the Commission Directive 2006/73/EC (“MiFID Implementing Directive”), which deals predominantly with the organisational and conduct requirements for investment firms Commission Regulation 1287/2006/EC (“MiFID Implementing Regulation”), which sets out a number of the details regarding the MiFID secondary markets regime.
The MiFID 1 Directive (2004/39/EC) (“MiFID”) was a significant development in the regulatory architecture of the EU. It replaced the Investment Services Directive (93/22/EEC) (“ISD”), establishing a new regulatory regime for securities and derivatives introduced, for example, the concept of multilateral trading facilities (“MTFs”) and “systematic in sternalisers” (“SIs”) and imposed pre- and post - trade transparency on these entities (in certain cases) and others. MiFID was agreed in 2004 as a level 1 or framework directive, which followed the Lamfalussy process (a four- level approach to the production and implementation of EU single financial services market legislation). The level 1 directive applied from 1November 2007 and is supplemented by the following level 2 legislation, adopted by the European Commission (“Commission”) in August 2006: the Commission Directive 2006/73/EC (“MiFID Implementing Directive”), which deals predominantly with the organisational and conduct requirements for investment firms Commission Regulation 1287/2006/EC (“MiFID Implementing Regulation”), which sets out a number of the details regarding the MiFID secondary markets regime.
WHAT is the KEY CHANGE in MIFID 1 - the concept of multilateral trading facilities
(“MTFs”) and “systematic in sternalisers” (“SIs”) and imposed pre- and post
- trade transparency the SIs market makers-matching customer orders internally
rather than showing these to the market. Mifid replaces rules in many markets
that require trades to be executed at local exchanges. Instead, banks will be
allowed to act as "systematic internalisers", So why need
MIFID 2, is it extension to MIFID 1 ,
The MiFID one was to strengthen the single market for investment services and activities, thereby harmonising investor protection and increasing competition in EU financial markets. Many of these aims were achieved, such as allowing trading venues and investment firms to operate across the EU. However, technological development, the increasing complexity of both products and services and the flaws highlighted by the financial crisis led the European Commission to suggest a significant number of revisions to the initial directive in its consultation of 8th December 2010. The result of this consultation and review is the Markets in Financial Instruments Directive (2014/65/EU) (“MiFID II”) . In simple under the MIFID 2 is government is not seeking to make fundamental changes to its structure, but to work within the existing framework. The UK Government believes that this is consistent with minimising the Primary amendments to FSMA and related statutory instrument under MiFID II.
The MiFID one was to strengthen the single market for investment services and activities, thereby harmonising investor protection and increasing competition in EU financial markets. Many of these aims were achieved, such as allowing trading venues and investment firms to operate across the EU. However, technological development, the increasing complexity of both products and services and the flaws highlighted by the financial crisis led the European Commission to suggest a significant number of revisions to the initial directive in its consultation of 8th December 2010. The result of this consultation and review is the Markets in Financial Instruments Directive (2014/65/EU) (“MiFID II”) . In simple under the MIFID 2 is government is not seeking to make fundamental changes to its structure, but to work within the existing framework. The UK Government believes that this is consistent with minimising the Primary amendments to FSMA and related statutory instrument under MiFID II.
In
the UK Government has Designates the FCA, PRA and the Bank of England as
competent authorities for the purposes of MiFID II and MiFIR (I will explain in
next section)
In UK the FCA will be principally responsible for supervision of
compliance with MiFID II and MiFIR, but it affects the organisational
requirements of a number of the banks and all of the major investment firms
supervised by the PRA and touches on CCPs who are authorised and supervised by
the Bank of England.
In next
article, I will have more details on the instrument under MIfIR
compliance. Buyer side and seller side rules and what is the pre-trade and
post transparency and any waivers.
IN NEXT 2
ARTICLE, TO BE POSTED ON OUR COMMON BLOG WILL outline following:
· Headline changes to the Buy-Side Reporting, Off
course, I will also touch upon Top Consulting (top 5Cs) view along and the
readiness of the Off the shelf solution or system providers in readiness for
Pre and post transaction such as UnaVista, bloomberg the LSE London Stock
Exchange Group's global hosted platform for all matching, validation and
reconciliation needs.
- What is Clock Synchronisation which might sounds easy, but could amount to major IT task, the same as reporting requirements and transparency regulations.
Transaction
Reporting Basics, Definition of execution of a transaction, transaction
Reporting User Pack (TRUP). it can be located here
: https://www.fca.org.uk/publication/finalised-guidance/fsa-fg12-07.
Transmission of order – implications for buy-side. Reporting exemptions and Re-portable
instruments Key Principals of the trading Capacity and impact on
‘buyer’/’seller’ fields and validation rules and the Annex II- Data validation
rules for transaction reporting - ESMA.Detail Rules can be located here :
https://www.esma.europa.eu/sites/default/files/library/validation_rules.xlsx
Financial
instruments are legally enumerated in Section C of MiFID Directive supplemented
by Articles 38 and 39 of the Regulation (EC) No 1287/2006 of 10 August 2006
implementing Directive 2004/39/EC. Listed below
- Instrument and underlying instrument identifiers, Markets in Financial Instruments Directive (MiFID)
Annex 1,
Section C . Financial Instruments
o Transferable
securities;
o Money-market
instruments;
o Units
in collective investment undertakings;
o Options,
futures, swaps, forward rate agreements and any other derivative contracts
relating to securities, currencies, interest rates or yields, or other
derivatives instruments, financial indices or financial measures which may be
settled physically or in cash;
o Options,
futures, swaps, forward rate agreements and any other derivative contracts
relating to commodities that must be settled in cash or may be settled in cash
at the option of one of the parties (otherwise than by reason of a default or
other termination event);
o Options,
futures, swaps, and any other derivative contract relating to commodities that
can be physically settled provided that they are traded on a regulated market
and/or an MTF;
o Options,
futures, swaps, forwards and any other derivative contracts relating to
commodities, that can be physically settled not otherwise mentioned in C.6 and
not being for commercial purposes, which have the characteristics of other derivative
financial instruments, having regard to whether, inter alia, they are cleared
and settled through recognised clearing houses or are subject to regular margin
calls;
o Derivative
instruments for the transfer of credit risk;
o Financial
contracts for differences.
o Options,
futures, swaps, forward rate agreements and any other derivative contracts
relating to climatic variables, freight rates, emission allowances or inflation
rates or other official economic statistics that must be settled in cash or may
be settled in cash at the option of one of the parties (otherwise than by
reason of a default or other termination event), as well as any other
derivative contracts relating to assets, rights, obligations, indices and
measures not otherwise mentioned in this Section, which have the
characteristics of other derivative financial instruments, having regard to
whether, inter alia, they are traded on a regulated market or an MTF, are
cleared and settled through recognised clearing houses or are subject to regular
margin calls.
- Identification of organisations
The Legal
Entity Identifier (LEI) is a 20-character, alpha-numeric code, to uniquely
identify legally distinct entities that engage in financial
transactions. LEIs are issued by "Local Operating Units" (LOUs)
of the Global LEI System (there is procedure given how to achieve LSE if there
is not yet obtained) , let me know if need anyone information on
this . The entity entrusted with the task to coordinate and oversee a
worldwide framework for the Global LEI System is the Regulatory Oversight
Committee (ROC) being a group of over 60 public authorities from more than 40
countries. The ROC was established in January 2013 as a stand-alone
committee after recommendations by the international Financial Stability Board
(FSB) and endorsement of the ROC Charter by the Group of Twenty (G-20) nations
in November 2012.
The
system is intended, in particular, to allow for financial transactions'
monitoring on a global, cross-border basis. In the MIFIRs, The institution
of LEI Registration Agent has also
been introduced. This facility enables trading
venues and systematic
internalisers to assist the issuer applying for the LEI to access the
network of LEI issuing organizations.
LEI under MiFID II/MiFIR
There is an
expectation that the Global LEI database maintained by the Central Operating
Unit of the Global LEI System will be available and fully operative before the
obligation to report transactions under MiFIR II starts.
Further
:Identification of individuals field by field
analysis and Systems & Controls over transaction reporting.
see detail Transaction Reporting User Pack (TRUP) here
: https://www.fca.org.uk/publication/finalised-guidance/fsa-fg12-07.
- Identification of organisations
The Legal Entity
Identifier (LEI) is a 20-character, alpha-numeric code, to uniquely identify
legally distinct entities that engage in financial transactions. LEIs are
issued by "Local Operating Units" (LOUs) of the Global LEI System
(there is procedure given how to achieve LSE if there is not yet obtained) ,
let me know if need anyone information on this . The entity entrusted
with the task to coordinate and oversee a worldwide framework for the
Global LEI System is the Regulatory Oversight Committee (ROC) being a group of
over 60 public authorities from more than 40 countries. The ROC was
established in January 2013 as a stand-alone committee after recommendations by
the international Financial Stability Board (FSB) and endorsement of the ROC
Charter by the Group of Twenty (G-20) nations in November 2012.
The
system is intended, in particular, to allow for financial transactions'
monitoring on a global, cross-border basis. In the MIFIRs, The institution
of LEI Registration Agent has also
been introduced. This facility enables trading
venues and systematic
internalisers to assist the issuer applying for the LEI to access the
network of LEI issuing organizations.
- Transmission of order – implications for buy-side
Legal
obligation for firms to deliver complete and accurate transaction reports and
my favourite topic area of Reconciliation are legally enumerated in Section
C of MiFID Directive supplemented by Articles 38 and 39 of the Regulation (EC)
No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC,
- Transmission of order – implications for buy-side
- Basic trading scenarios (TBD)
- Reference Data standards
Instrument and underlying instrument identifiers in scope of (MiFID), as
per Annex 1, Section C . Financial Instruments
o Transferable
securities;
o Money-market instruments;
o Units in collective investment undertakings;
o Options, futures, swaps, forward rate agreements and
any other derivative contracts relating to securities, currencies, interest rates
or yields, or other derivatives instruments, financial indices or financial
measures which may be settled physically or in cash;
o Options, futures, swaps, forward rate agreements and
any other derivative contracts relating to commodities that must be settled in
cash or may be settled in cash at the option of one of the parties (otherwise
than by reason of a default or other termination event);
o Options, futures, swaps, and any other derivative
contract relating to commodities that can be physically settled provided that
they are traded on a regulated market and/or an MTF;
o Options, futures, swaps, forwards and any other derivative
contracts relating to commodities, that can be physically settled not otherwise
mentioned in C.6 and not being for commercial purposes, which have the
characteristics of other derivative financial instruments, having regard to
whether, inter alia, they are cleared and settled through recognised clearing
houses or are subject to regular margin calls;
o Derivative instruments for the transfer of credit
risk;
o Financial contracts for differences.
o Options, futures, swaps, forward rate agreements and
any other derivative contracts relating to climatic variables, freight rates,
emission allowances or inflation rates or other official economic statistics
that must be settled in cash or may be settled in cash at the option of one of
the parties (otherwise than by reason of a default or other termination event),
as well as any other derivative contracts relating to assets, rights,
obligations, indices and measures not otherwise mentioned in this Section,
which have the characteristics of other derivative financial instruments,
having regard to whether, inter alia, they are traded on a regulated market or
an MTF, are cleared and settled through recognised clearing houses or are
subject to regular margin calls.
- Transmission of order – implications for buy-side
- Legal obligation for firms to deliver complete and accurate transaction reports and my favourite topic area of Reconciliation
To be
detailed is next is ..
- Transmission of order – implications for buy-side
- Basic trading scenarios (TBD)
Reference
Data standards
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