What are MiFID and MiFID II
MiFID is a directive developed by the European Union, with the participation of the regulatory exchange authority of the United Kingdom, which replaced the previously existing recommendations. It is one of the components necessary for the implementation of the plan developed by the European Union, the purpose of which is to create a regulated single market of financial instruments. The purpose of this document is to regulate operations on the European Stock Exchange, while providing full-scale protection for exchange players and other exchange participants. Despite the fact that it was created in 2004, this directive actually came into force in 2007.
The instructions contained in the MiFID are valid for States that are members of the European Union and are mandatory. This also applies to States located in the European Economic Area.
At the moment, 27 countries comply with the MiFID rules.
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MiFID is a key part of a complex system that is necessary for regulating processes on the global market and is consistent with all standards and norms in force worldwide. After a relatively short period of time, there was a positive development dynamics on the European market. In particular, there is a noticeable decrease in the cost of financial services, which results in a greater attractiveness of the market for investment. In addition, there was finally an idea of what a regulated market should actually look like, which contributed to the development of new rules aimed at improving the level of financial transactions.
The interaction of market participants has become more transparent, and now they are provided with the necessary level of legal protection. The principle of operation of MiFID is to create a strong market that attracts investors, which is possible only with full transparency of transactions on the exchange.
Over time, exchange trading is becoming more and more widespread, and in this regard, there is a need to finalize the existing laws and their evolution. To ensure this, the financial European Commission, with the participation of G-20 members, made some changes to the existing directive at that time. After that, MiFID became a kind of follower of the previous document, while implementing several innovations, and appeared in 2011 under the name MiFID 2.
Several projects of a legal nature were created, the main direction of development of which, first of all, was to ensure the protection of investors' rights. The range of services provided in the field of exchange operations has been significantly expanded, the requirements for institutional investors in terms of reporting have been changed. In addition, the powers of the bodies regulating the financial market, whose effect was on the territory of the EU, are defined.
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The appearance of MiFID
The first operations on the exchange began to be regulated in 1993, while a number of relevant documents were applied. Thanks to this practice, all major financial organizations have become able to open their representative offices in other countries and provide their services abroad. A prerequisite for the implementation of the activity was the mandatory presence of the company's registration in its country and the implementation of regulation of its activities by state financial departments.
However, over time, there was an increasing expansion of the market and its acquisition of versatility, which led to the need to create a set of documents aimed at implementing more detailed regulation.
After a while, new rules and changes in existing laws appeared, but the most significant steps for the development of the investment market were made by Europe in 2002. At that time, Denmark, being the chairman of the EU Commission, initiated the convening of a conference aimed at considering ways to regulate the financial sector in the best possible way. The natural result of this was the development in 2004 of a special directive in the field of finance MiFID, the implementation of which took place in 2007.
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Advantages of MiFID and financial obligations
After MiFID was introduced, a positive trend in the development of the EU market was noticed. It would be useful to consider the positive aspects of using MiFID and the requirements imposed by the directive:
- organizations are required to divide the clientele into certain categories. To do this, the company must find out the level of customer awareness in the field of finance, which will serve as the main factor necessary to provide a more suitable service. This contributes to a better level of investment protection;
- all organizations offering services are obliged to fully inform customers about the terms of trade;
the execution of transactions should be carried out instantly, after the client sends a request; - MiFID contributes to the creation of a single market, thanks to which more favorable conditions are provided to participants;
- The main purpose of the directive is to develop a highly efficient market and protect the rights of investors, according to the laws of the European Union.
- financial services are regulated. The grounds for licensing organizations that have a permit to carry out activities are considered;
- establishment of standards that are mandatory for all financial institutions. Implementation of standards that are mandatory for organizations to continue their work in the EU.
The current variation of the MiFID-2 directive similarly pays a large share of attention to commodity and commodity asset futures. The only type of fixed – term contracts that this directive does not control are derivatives that are used for hedging. The EU attaches great importance to ecology and green initiatives, therefore, quotas for harmful emissions also belong to the MiFID-2 monitoring sphere. This is due to the increased level of fraud in the secondary market of these contracts.
The energy industry also falls under the control of the directive, since energy generating companies have a full-fledged opportunity to sell their services through fixed-term contracts on the exchange. The MiFID-2 protocol can qualify this activity as an investment, and, therefore, fully subject to all the points of this financial directive.
As an exception, we can mention the following financial activities, the specifics of which are relevant to the requirements of MiFID: currency spot transactions, operations of insurance agencies, operations of non-professional bidders, transactions and operations conducted by the central bank.
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Classification of activities in financial markets according to EU standards
If we talk about the classification of those activities that fall under control, then among them we can distinguish the financial recommendations of brokerage companies. This item is an innovation of 2004. Unfortunately, there are no such functions in the law "On Securities" in Russian legislation, and the investor must rely on himself in matters of transparency of financial recommendations of investment companies.
The current version of the directive obliges management companies to fully disclose key information about the proposed investment products.
Since decisions in transactions are made on the basis of developed trading strategies and the final financial result of the client directly depends on the quality of these recommendations, the management company is either obliged to bear legally justified responsibility to the client for the quality of the services provided, or leave the final decision on conducting the transaction directly to the investor himself. All the subtleties and details of this issue are covered by the 2nd chapter of the current edition of MiFID.
In fact, the changes made by the MiFID-2 editorial board carried much more serious changes than it might seem at first glance.
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In particular, all trading platforms registered as MTF (multilateral trading facility) must be re-registered as OTF (organized trading facilities). Why is this happening? Due to the imperfection of the legislation, MTFs had the opportunity to substitute real quotes for financial instruments. This is exactly the problem that clients of FOREX brokers are currently facing. In Europe, this problem was solved by tightening the legislation and the entry into force of the second version of MiFID-2.
An important detail is the fact that OTF specialists do not have the right to invest their funds during the execution of orders received from clients. However, this provision is still too broad for practical application and is awaiting revision in the future.
This vagueness is largely a deliberate assumption, which should provide temporary flexibility for working with such complex financial instruments as derivatives for fixed-income securities. It is believed that OTFs in the future should become leaders in the number of transactions with advanced financial instruments, such as futures and options. At the moment, the main task of OTF is to introduce transparency into transactions on the financial markets.
MIFIR personalizes the differences between the two-factor system, or the S.I. system (Systematic Internaliser), the diverse OTF trading regime, and how these structures can provide their services to customers. A brokerage company that executes its client's orders, but uses its own capital in transactions, is considered a systematic counterparty and will no longer be able to reduce transactions in the interests of third parties.
The modified version of MiFID-2 opens up the possibility of conducting transactions using an extremely wide range of software. The only criterion for this software is also the transparency of transactions. Also, the terminal should not have technical restrictions on trading on any instruments. This also applies to bonds and derivatives.
National exchanges, MTFs, and now also OTFs are required to regularly report on current prices for financial instruments and the volume of demand for them. It is extremely important to publish information about the growth of interest in the securities of issuers conducting IPOs.
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MiFID-2 requirements
Brokerage companies that are professional participants in the RM, MTF or OTF market must store all information about the operations carried out for five years, until the law enforcement authorities demand it.
The reports themselves should be generated using the ARA system (Approved Publication Arrangements). This architecture allows you to collect and systematize reports from brokers and authorized corporations at the required operational level. To use this system, professional participants are required to pass the appropriate certification. On average, the detailing of brokerage reports through the ARA system had a favorable effect on their quality.
The European Union continues to work on reducing the influence of large monopolies on financial markets. To do this, MiFID introduces a special concept of "SME" - small and medium-sized corporations. These companies include those market participants whose market capitalization does not exceed 100 million euros.
Such investment companies will have priority when registering on the trading platform. First of all, this applies to MTF. MiFID is designed to standardize existing approaches to exchange trading among such small companies, taking into account the specifics of each corporation's work.
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The presence of small and interested professional market participants makes it more stable and independent. To maintain parity between brokers, this initiative is of critical importance. There are certain parameters that applicants must meet:
- issuers should be small companies and not be monopolists in the field of their activities;
- permanent access to the financial statements of issuers and its regular updating;