EU To Propose Sweeping Financial Regulation Reforms
20 Ottobre 2011 - 12:31AM
Dow Jones News
The European Commission will propose Thursday morning a sweeping
set of financial regulation reforms that seek to rein in
derivatives trading and increase oversight of high-frequency
strategies.
The proposal is part of a global effort to turn opaque markets
more transparent, after a commitment by Group of 20 nations in
2009.
It would require off-exchange brokers to meet the same reporting
requirements as large exchanges to bring so-called "dark pools"
into the light. It also scraps previous exemptions for derivatives
and bonds, although different financial products will face
different standards. It aims to push all liquid derivatives onto a
regulated market and be cleared. The proposal seeks to minimize
variations in market regulation among European Union countries, and
impose minimum sanctions for rule breakers.
The legislation still requires approval by the European
Parliament and EU countries, and several details have yet to be
worked out. For instance, the pan-EU supervisor, the European
Securities and Markets Authority, still has to assess when a
derivative is eligible to be cleared.
In a concession to the U.K., the document clearly states that
requirements would cover all financial instruments and not just
those sold over-the-counter, which is the dominant method in the
U.K.
The commission notes that the proposed merger between Deutche
Boerse (DBOEF, DB1.XE) and NYSE Euronext (NYX) is not targeted by
this proposal, and the review of the transaction is being carried
out independently of this initiative.
"Financial markets are there to service the real economy--not
the other way around," said Internal Market Commissioner Michel
Barnier.
All algorithmic trading firms, which use computer-driven
automatic trading formulas, will have to become "properly
regulated" and provide national regulators with details of their
trading strategies. There would be limits placed on the number of
orders per transaction and how far trading venues can go to attract
order flow. They would also be obliged to operate the algorithmic
strategies non-stop during their trading hours "to reduce
volatility," said the statement.
High-frequency trading firms would also be asked to adopt
increased risk controls to be monitored by national authorities.
All the new data will be gathered in one place, so that investors
have an overview of all trading activities in the EU.
National regulators, in coordination with ESMA, would also be
given new powers to ban certain investment products if financial
stability is seen under threat. In light of the explosive growth in
derivatives trading in recent years, the EU also proposes that
regulators should be able to demand information on derivative
positions from any person. Regulators would also be able to force
traders to reduce a derivatives position and limit their ability to
enter into commodity derivatives contracts.
In addition, portfolio managers would be prohibited from making
or receiving third-party payments and would face rules on corporate
governance.
The commission proposes a number of exemptions to the rules.
These include companies engaged in genuine commercial or insurance
activities, pension funds, central banks and those trading only for
themselves.
As already reported, the commission will also present proposals
for a uniform minimum criminal penalties for market manipulation,
including insider trading.
-By Riva Froymovich, Dow Jones Newswires; +32 2 741 1489;
riva.froymovich@dowjones.com
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