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The document serves as BETTER FINANCE response to selected questions of ESMA’s discussion paper on the implications of digitalisation for investor protection under MiFID II. The document “Discussion Paper on MiFID II investor protection topics linked to digitalisation” provided by the European Securities and Markets Authority (ESMA) focuses on various aspects of digitalisation in the

ESMA Consultation Paper Guidelines on certain aspects of the MiFID II suitability requirements. BETTER FINANCE highlights that the new concepts introduced by the recent regulatory amendments may be difficult to understand by individual, non-professional investors, creating the risk for them to avoid making a decision or making a wrong decision. In this sense, we suggest

More than a year after the entry into force of the revised Markets in Financial Instruments Directive (MiFID II) and of the Regulation on Key Information Document for Packaged Retail and Insurance-based Investment Products (PRIIPs KID), BETTER FINANCE sought the views and experience of its member associations and their individual members on the effectiveness of

BETTER FINANCE welcomes the initiative of ESMA to clarify certain aspects related to the application of the MiFID II provisions on the appropriateness test and requirements for execution-only services. In addition, BETTER FINANCE commends ESMA on adapting the Guidelines on suitability assessment for the appropriateness test as the two procedures are, to a certain extent,

We welcome the EC’s initiative to alleviate some regulatory requirements enabling EU capital markets’ potential to boost recovery from the COVID-19 induced economic downturn. However, we wish to warn about the long-term detrimental effects that several provisions and amendments will have on “retail” investor protection if done in “haste” and without proper scrutiny and attention

Summary: General comment The review of the MiFID II framework is timely and should be coordinated with the other ongoing actions and policy areas, i.e. PRIIPs and the work done in the Forum on the Future of the Capital Markets Union. In addition, to ensure a level playing field, the European Commission should also adopt

BETTER FINANCE welcomes this timely assessment and evidence gathering on the application of the new MiFID II rules on disclosure for inducements and costs. However, it is very unfortunate that, in a field that is crucial to investor protection and designed to enhance consumer experience and trust in financial services, the majority of questions are

BETTER FINANCE continues to express deep concern about the unwanted “side-effects” of the MiFID 2 regulatory framework on “lit” equity trading in the EU. Below is the summary response to the ESMA Public Consultation on the review of the MiFID 2 and MiFIR transparency regime for equity and equity-like instruments, the double volume cap mechanism

The European Commission is probing the effectiveness of the product governance rules introduced to the industry in 2018 in its latest consultation on the Markets in Financial Instruments Directive (Mifid). […] In a 94-page consultation document, published yesterday (February 26), the commission stated there was some debate over the efficiency of product requirements and asked participants

BETTER FINANCE screened available evidence (literature, surveys, experiments, and statistical data) comparing the impact of allowing the receipt of “inducements” by distributors or brokers of “retail” investment services and products, versus banning it. Two jurisdictions in Europe already banned the receipt of commissions for the distribution of retail investment products: the United Kingdom, since 2012,

As discussed in January, the new legislative package tackling Markets in Financial Instruments (MiFID II/ MiFIR and the delegated acts) changed the landscape with view on the Capital Markets Union. While few CMU participants are fully in line with the new regulatory prerequisites, others struggle to comply and manage the additional costs ‘running to the

A new research highlights the self-serving nature of the fund industry. One of the biggest problems with this industry is that the interests of the fund manager and the end investor are fundamentally misaligned. Further evidence of this mismatch between the interests of investors, managers and fund management companies is provided below: –    Struggling managers

The debt discharge law is the right path to be followed to help as many borrowers in financial difficulty as possible, given that so far in Romania there is no other law to support them, and banks have been reluctant to come up with concrete solutions to their problems. This was mentioned in a letter

[A provisional version of the publication was available in January 2024. The document has been updated to the final March 2024 version] The report by CFA Institute and BETTER FINANCE critically reviews the EU’s listing rules, targeting reforms to improve public market accessibility for small and medium-sized enterprises (SMEs). It aims to foster debate amidst

BETTER FINANCE welcomes the European Commission’s initiative to set clear policy measures regarding climate targets beyond 2030, which ultimately can support the objective of 2050 climate neutrality goal and its realisation. BETTER FINANCE’s core expertise mainly involves defending the interests of European citizens as financial services users, and we are therefore cognisant of the benefits

Any investment that seeks to incorporate sustainability elements alongside financial returns. You may hear sustainable investing referred to as ethical investing, impact investing, socially responsible investing, and values-based investing. While definitions of sustainability vary across jurisdictions and regulatory frameworks around the world, the basic tenet of sustainability refers to ESG factors (Environmental, Social, and Governance)

Keynote address by Jella Benner-Heinacher on market structures, “retail” investors, and payments for order flows (PFOF) Thank you for the invitation and congratulations to FESE to organize such an impressive conference in Prague. I would have loved to be personally in this beautiful city of Prague but unfortunately, I can only attend virtually. Nevertheless, I

GREAT RETURNS FOR GREAT VALUES What is sustainable investing? Any investment that seeks to incorporate sustainability elements alongside financial returns. The basic tenet of sustainability refers to ESG factors (Environmental, Social, and Governance) and has been used as a base for sustainable services, products and other investment activity. In the case of financial products, for

BETTER FINANCE considers the recent proposal to ban “inducements” (commissions) in “retail” investment services to be a very significant milestone in investor protection and firmly urges EU Member States to also support it. EU authorities are currently working on the reform of rules surrounding market structures and execution of client orders, namely the EU Regulation

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