Transcript dublin97
Christopher Bond MSI Senior Adviser to SII on Compliance Operations P.I.F 2 February 2006 www.sii.org.uk This [MiFID] proposal is a cornerstone of the Financial Services Action Plan. If we want a true internal market in financial services, with all the enormous benefits that will bring, we need investors large and small to be able to invest across borders easily and with confidence Fritz Bolkstein EU Internal Markets Commissioner on MiFID in November 2002 when the proposal was launched. MiFID at a Glance Scope of MiFID increased e.g. Investment advice Regulated Markets and Alternative Trading Systems e.g. MTFs MiFID Conduct of Business e.g. home country rules (separate slide) Internal Organisation e.g. Conflicts of Interest (separate slide) Which Firm Functions are Affected? Front Office e.g. Sales, Trading and Investment Management e.g. Conduct of Business HR Operations e.g. Training e.g. trade reporting Senior Management MiFID I.T. Technology e.g. data collection Legal e.g. Client Agreements Internal Audit Compliance e.g. authority MiFID – IT/Operations Perspective Account opening eg new client classifications Best Execution venue analysis and monitoring Post trade reporting including new products 5 year record keeping – 1 year phone recording Pre-trade price reporting for equities from S.I.s and MTFs IT/Operations Instrument data problem eg ISIN contrast RIC Order execution and routing systems Increased product scope eg OTC Derivatives NOTE: The Capital Requirements Directive preparation is at the same time. Static Data Client Static Instrument Data New Requirements New Requirements • New client classifications eg divide Intermediate Customers between professional and retail clients • Standard internal and external approach to identifying instruments • Different order handling rules • Change instrument codes (RIC) v machine readable (ISIN/SEDOL/CUSIP) • Full suitability test for advisory and managed clients Commercial Opportunities Static Data Commercial Opportunities • Managed client expectations • Smooth transition • Use grandfathering where available • Algorhymic trading • STP Price Reporting Pre trade price reporting Post trade price reporting New Requirements New Requirements • Systematic Internalisers (SI’s)Collect and distribute pre-trade equity prices internally • Post trade price collection and external reporting (including for new products) • Publish unexecuted limit orders • Provide for deferred reporting of largest trades • Commitment to deal limited to standard sizes in liquid securities Commercial Opportunities • Consider speed of reporting Price Reporting Commercial Opportunities • Any uncompetitive prices or costs more transparent • Better access to competitors’ prices and new liquid markets • Possible charges for pre-trade information Analyse profit of individual traders, products and market segments Booking Names Some of the New Products Cash settled Exotic Commodity Derivatives Financial Contracts for Difference Credit Default Swaps and CDOs Units in Collective Investment undertakings Money Market Instruments Cash settled Exchange Traded Commodity Derivatives New Countries Commodity Derivatives settled through clearing house – includes OTC Multi Market Single Format 27 EU Countries 3 EEA Countries Not multi format domestic market Best Execution New Requirements Opportunities New test including full cost, speed, probability of execution and settlement (including for professional clients) Receive and distribute internally information received from other sources Breakdown of trading cost to achieve and monitor best execution Order routing/ algorhymic trading Best Execution Access to new liquid execution venues Gain/protect market share MiFID for Investment Managers – Relations with Customers Retail Customer Agreements Permitted investments including limits Method and frequency of valuations Objectives and permitted levels of risk Reporting percentage of loss Reporting to Retail Customers Frequency eg quarterly Investment Management No prescription on content or frequency for professional clients Best Execution responsibility Transaction execution details eg venue Breakdown of commission fees and charges Information on Corporate Actions Record Keeping New Requirements Five years for record keeping 1 year phone records Record Keeping Commercial Opportunities Website Reporting Accessibility of information MiFID-Related CPs and their planned publications dates Planning for MiFID - overview November 2005 Treasury authorisation consultancy document December 2005 Main MiFID CP April 2006 System and controls CP April 2006 Financial promotions CP May 2006 MiFID follow-up CP H2 2006 Non-scope MiFID-dependent CPs Disclosure Q1 2006 Simplifying the retail COB regime Q2 2006 Standards for non-MiFID scope wholesale firms H2 2006 Systems and controls for non-MiFID, non-CRD firms H2 2006 Expected deadlines MiFID implementing rules and guidance made 31 January 2007 Firms to be complying with MiFID requirements 1 November 2007 The Competitive Position of London as a Global Financial Centre “ More than 90% of respondents viewed availability of skilled personnel as Very or Critically Important. London and New York both scored highly on the availability of skilled staff, with 98% of respondents giving a rating of Good or Excellent. London appears to have a marginal advantage with an Excellent rating of 75%,compared with 66% in New York.” 100% Primary Location 50% Primary / 50% Secondary 10% Primary / 45% Secondary / 45% Tertiary Cost per Person Trades processed per Person Estimated Person Cost per Trade $128,312 $77,851 $58,607 41,226 23,267 18,394 $3.11 $3.35 $3.19 Source: Report of Corporation of London of November 2005 How Firms Address MiFID Benefit from group knowledge Establish Firm wide Central team Alter Firms’ strategy to take opportunities Communicate to all staff Budget for outside costs eg IT, Compliance, Legal Knowledge “Tsars” in each department Involve Senior Management Revise internal procedures What is the Regulatory Update? Members’ new benefit Recent and future changes and trends in UK financial regulation Coded for individual sector application For senior and junior professionals Hard and soft copy 3 levels of information