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Markets in Financial Instruments Directive (MiFID II): Frequently Asked Questions

April 15, 2014--A. Background, main elements and costs/benefits of the reform
1. What is MiFID and why was it reviewed only four years after its entry into force?
MiFID is the Markets in Financial Instruments Directive (Directive 2004/39/EC1). It replaced the Investment Services Directive (ISD) which was adopted in 1993. It has been in force since 2008. It is a cornerstone of the EU's regulation of financial markets. It seeks to improve the competitiveness of EU financial markets by creating a single market for investment services and activities, and ensuring a high degree of harmonised protection for investors in financial instruments, such as shares, bonds, derivatives and various structured products.

MiFID has brought greater competition across Europe in the provision of services to investors and between trading venues. This has helped contribute to deeper, more integrated and liquid financial markets. It has also driven down costs for issuers, delivering better and cheaper services for investors, and contributing to economic growth and job creation in Europe.

In keeping with its intended objective, MiFID has contributed to a more competitive and integrated EU financial market. However, past years’ events and market developments have demonstrated weaknesses in some of the underlying principles of MiFID, and highlighted areas needing reinforcement or revision, for example it has arguably led to the development of new trading platforms and activities which fall outside its scope and thus outside any regulations. Closing such a gap was necessary in order to bolster investor confidence and achieve all of MiFID's original objectives. Ensuring a more robust regulatory framework will also serve to address the more complex market reality we are now faced with, a reality which is characterised by increasing diversity in financial instruments and new methods of trading. Similar discussions have taken place in the United States and other major global financial centres and have led to a strong regulatory response.

2. What are the main elements of the reform?
MiFID II aims at establishing a safer, sounder, more transparent and more responsible financial system that works for the economy and society as a whole. The main contributions introduced by MiFID II to achieve these objectives are:

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Source: EUROPA


Greater protection for retail investors: Commission welcomes European Parliament adoption of strengthened European rules on UCITS

April 15, 2014--The European Parliament has today adopted in plenary session an amended Directive on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities as regards depositary functions, remuneration policies and sanctions (the so-called UCITS V).

The new rules will considerably strengthen the protection of investors vis-à-vis managers of UCITS funds and their depositaries. It will also ensure that managers who break the law will be sanctioned in an appropriate way.

Internal Market and Services Commissioner Michel Barnier said: "The financial crisis became a crisis of consumer confidence. Consumers were shocked by the extent of the Madoff fraud, how inadequately their assets were protected, and how differently their compensation claims were handled in the various Member States. The amended Directive will address those problems. I am very satisfied with the outcome.

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Source: EUROPA


Euro STOXX 50 Daily Leverage 3 And Lev DAX x3 Indices Licensed To ETF Securities

Exchange Traded Products Available On Xetra Today
April 14, 2014--STOXX Limited,a leading provider of innovative,tradable and global index concepts, today announced that the EURO STOXX 50 Daily Leverage 3 and LevDAX x3 indices have been licensed to ETF Securities to serve as the underlying for two exchange-traded products (ETPs). The ETPs will be listed on Xetra today.

"The EURO STOXX 50 Daily Leverage 3 and LevDAX x3 provide sophisticated market participants access to the three times leveraged performance of the leading blue-chip indices for Europe and Germany,respectively," said Hartmut Graf, chief executive officer of STOXX. STOXX is the marketing agent for the indices of Deutsche Börse AG,including the DAX indices. "Both indices are part of an innovative strategy index offering that STOXX markets globally."

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Source: STOXX


ESAs consult on draft technical standards under EMIR

April 14, 2014--The European Supervisory Authorities (ESAs) launched today a consultation on draft Regulatory Technical Standards ('RTS') outlining the framework of the European Market Infrastructure Regulation (EMIR).

These RTS cover the risk management procedures for counterparties in non-centrally cleared OTC derivatives, the criteria concerning intragroup exemptions and the definitions of practical and legal impediments. The consultation will allow gathering public views on how to ensure a proportionate implementation of the requirements, as well as any other specific aspects that need discussion.

The consultation runs until 14 July 2014.

For those over-the-counter (OTC) derivative transactions that will not be subject to central clearing, these draft RTS prescribe that counterparties apply robust risk mitigation techniques to their bilateral relationships, which will include mandatory exchange of initial and variation margins. This will reduce counterparty credit risk, mitigate any potential systemic risk and ensure alignment with international standards. These draft RTS elaborate on the risk-management procedures for the exchange of collateral and on the procedures concerning intragroup exemptions including the criteria that identify practical and legal impediments to the prompt transfer of funds.

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Source: ESMA


Four new equity index ETNs from ETF Securities launched on Xetra

ETNs track DAX and EURO STOXX 50 with triple long and short leverage
April 14, 2014--Four new equity index ETNs issued by ETFS Equity Securities Limited have been tradable on Xetra since Monday. Exchange traded notes track the performance of underlying reference indices outside of the commodities sector.
The ETFS 3x Daily Long DAX 30 and ETFS 3x Daily Short DAX 30 enable investors to participate in the positive and inverse performance of Germany's 30 largest stock corporations with a leverage factor of three.

ETN name: ETFS 3x Daily Long DAX 30
Asset class: equity index ETN
ISIN: DE000A1YKTG2
Total expense ratio: 0.82 percent
Benchmark: LevDAX(R) x3 AR (TR)

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Source: Xetra


Asset managers miss out on 1bneuro of profit

April 13, 2014--European asset managers are missing out on €1bn of annual profits by failing to take advantage of the freedoms granted to them under EU legislation, according to McKinsey.

The consultancy said fund houses that reshaped their businesses in line with the Ucits IV legislation -which paved the way for a group to market funds across the EU without the need to have a separate management company in every country-should see their earnings rise by at least 15 per cent.

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Source: FT.com


Swiss & Global planning active ETF push

April 7, 2014--Swiss & Global plans an ambitious marketing campaign for its active exchange traded funds, aiming for an initial SFr2bn ($2.2bn) of inflows.

After securing listings on the Zurich bourse last week, the Swiss asset manager is also hoping to list the funds on the London Stock Exchange and to extend the range, first of all by adding a US equity fund.

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Source: FT.com


UK Official holdings of international reserves, March 2014

April 3, 2014---This monthly press notice shows details of movements in March in the UK's official holdings of international reserves, which consist of gold, foreign currency assets and International Monetary Fund assets.

These reserves are maintained primarily so that the UK Government’s reserves could be used to intervene to support Sterling, or the Bank of England's reserves could be used to support the Bank’s monetary policy objectives. If such interventions were to occur, then they would be shown and explained in this release. The Background Note at the end of this release explains more about the reserves, and about these statistics.

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Source: HM Treasury


Listing of Exchange Traded Notes issued by Skandinaviska Enskilda Banken AB

April 3, 2014--NASDAQ OMX Stockholm decides to officially list 14 Exchange Traded Notes issued by Skandinaviska Enskilda Banken AB with effect from 2014-04-04.

The instruments will be listed on STO Exchange Traded Notes.

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Source: NASDAQ OMX Stockholm


European Supervisory Authorities highlight cross-sectoral risks

April 2, 2014--European Supervisory Authorities highlight cross-sectoral risks The Joint Committee of the European Supervisory Authorities (ESAs) published today its third bi-annual report on risks and vulnerabilities in the European Union's (EU) financial system.
The report has identified a number of potential vulnerabilities and cross-sectoral risks to the stability of the European financial system including:
weak and uneven economic recovery;
uncertain outlook in a number of global emerging economies;


asset price imbalances and risks of a sharp adjustment;
increased search for yield in a protracted low interest rate environment;
conduct of business risks;
IT-related operational risks.

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view the Joint Committe Report on Risks and Vulnerabilities in the EU Financial System March 2014

Source: ESMA


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