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Anne Plested

Anne Plested Regulation at ION Markets

Catch 22: The share trading obligation

MiFID II refined the definition of OTC trading for equities, making it more difficult for firms to trade away from recognised trading venues or outside of a systematic internaliser (SI). Introduced in 2018, the so-called share trading obligation (STO) effectively wrapped more regulation and transparency around EU share trading. As a consequence, t...

Anne Plested

Anne Plested Regulation at ION Markets

Time runs out on Swiss equivalence

Over the weekend, the stock market equivalence granted to Switzerland by the European Commission expired. The limited-period equivalence, which was given in December 2017 and extended to 30 June 2019, has run out. Despite Swiss beliefs that all the conditions are still met for recognition by the EU, there was no letup in the EU’s resolve to see thi...

/regulation

Anne Plested

Anne Plested Regulation at ION Markets

EU financial transaction tax proposal lives on

Back in 2011, the European Commission proposed a common European financial transaction tax (FTT). Despite several postponements and a general lack of support across the EU, a co-operation of member states – including France, Germany, and Spain – remain determined to implement the tax. As per the progress report submitted last week to the European...

/regulation

Anne Plested

Anne Plested Regulation at ION Markets

ESMA sheds light on OTC trade reporting under No-Deal

ESMA has released a statement which amongst other things includes clarification for EU investment firms that they will have to publish their OTC trades via an EU APA if a UK counterparty is involved. Whilst in Europe this approach may serve to ensure post-trade transparency within the EU27, it is also true that the UK counterparty could be requir...

/regulation

Anne Plested

Anne Plested Regulation at ION Markets

Setting a good example

Meanwhile in another part of Europe, time is running out for Swiss equivalence. The one year period previously granted in December 2017 is set to expire on 31st December. Switzerland needs equivalent third-country status in order to preserve the status quo and allow EU trading participants bound by MiFID to continue accessing the Swiss market loca...

/regulation

Anne Plested

Anne Plested Regulation at ION Markets

The hard reality of Brexit

Whichever type of Brexit you hope for, there remains the possibility of a UK withdrawal from the EU in March next year with no agreement in place, and no transition period. The European Banking Authority has this week voiced its concerns about what it sees as a lack of preparation on the part of financial institutions for such a scenario. But in f...

Anne Plested

Anne Plested Regulation at ION Markets

More unanswered questions

At first glance, the MiFID II trading obligation for shares seems fairly benign, bringing the bulk of equities trading ‘safely’ back to regulated execution venues. Whilst appearing all encompassing, it still leaves room for plain old-fashioned OTC trading on an ad hoc basis (or, technically speaking, below the threshold for an EU SI). But add into...

/regulation

Anne Plested

Anne Plested Regulation at ION Markets

The MiFID II waiting game

We are now well into October and market participants are still waiting patiently for ESMA to provide details of instrument data for MiFID II. The industry is keen to consume important data to drive functionality and trading strategies; basics such as which instruments are in scope, which are classed as liquid, what is large in scale and where the ...

/regulation

Anne Plested

Anne Plested Regulation at ION Markets

Bottlenecks ahead

ESMA issued a public statement yesterday recognising that there is just not enough time to review all the pre-trade transparency waivers and position limits before MiFID II comes into force on 3rd January. Rather than create an impasse they have, thankfully, opted for a pragmatic approach to get things moving along. To smooth the path, in the absen...

/regulation

Anne Plested

Anne Plested Regulation at ION Markets

ESMA sets a date for SI compliance

Intended to promote practical convergence and common supervisory approaches and practices, like EMIR and MAR before them, the MiFID II Q&A is fast becoming a favourite on my browser. In its recent Q&A on transparency topics, for example, ESMA has clarified for those firms wondering if, when and how to become a systematic internaliser (SI) ...

/regulation

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