Cyprus Securities and Exchange Commission: Difference between revisions
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|chief1_name = Demetra |
|chief1_name = Demetra Kalogerou<ref>[http://www.cysec.gov.cy/en-GB/cysec/board/demetra-kalogerou/ CySEC: Demetra Kalogerou]</ref> |
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==Regulation & Processing== |
==Regulation & Processing== |
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CySEC has experienced very high growth rates of registrations and pioneering legislation in regards to |
CySEC has experienced very high growth rates of registrations and pioneering legislation in regards to specific financial services.<ref>[http://www.goldnews.com.cy/en/financial-services/demetra-kalogerou--credible-securities-market-a-pillar-for-growth Gold News: Credible Securities Market a Pillar for Growth]</ref><ref>[https://www.pwc.com.cy/en/events/assets/demetra-kalogerou.pdf PwC: Developments and Opportunities in the Cyprus Securities Market]</ref> As such, the monitoring and regulation requirements for the organization are continually under adjustment.<ref>[http://www.goldnews.com.cy/en/financial-services/demetra-kalogerou--credible-securities-market-a-pillar-for-growth Demetra Kalogerou: Focusing on Communication]</ref> The process has been under the attention of other EU regulators and CySEC registered Brokerage houses.<ref>[http://www.cysec.gov.cy/en-GB/legislation/ CySEC: Regulatory Framework Updates]</ref><ref>[http://www.agpaphitis.com/Getting-a-Cyprus-Forex-License/pageid-252/ A.G Paphitis: Regulatory (FX, BO, EMI, PI, AIFs)]</ref> |
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===Regulation=== |
===Regulation=== |
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CySEC has received criticism from traders and industry commentators who |
Throughout 2014 and 2015, CySEC has received criticism from traders and industry commentators who claimed that the organization required better legislation regarding the regulation and monitoring of high risk investment firms.<ref>[http://cyprusbusinessmail.com/?p=14561#prettyPhoto Cyprus Business Mail: Cyprus needs better legislation to monitor high risk investment firms]</ref> They suggested that fines being levied by CySEC tended to be smaller than those handed out by other EU regulatory organizations. Most of the criticism came in regards to specific binary option brokers.<ref>[http://www.earnforex.com/blog/forex-regulation-authorities/ Forex Regulation Authorities]</ref> |
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===Processing=== |
===Processing=== |
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CySEC was the first financial regulator aiming to regulate binary options. As such, binary option brokers, including prominent ones, are either registered (or attempting to register) with CySEC to be able to legally operate within the [[Eurozone]] or to be trusted internationally. Some of them have been requesting faster processing procedures and processes<ref>[http://cyprusbusinessmail.com/?p=14561 Cyprus needs better legislation to monitor high risk investment firms]</ref><ref>[http://www.binaryex.com/new-cysec-broker-complaints-procedure/ BinaryEX: New CySEC Broker Complaints Procedure]</ref><ref>[http://binaryoptions-broker.co.uk/best-regulated-binary-option-brokers-cysec-fca/ CySEC Binary brokers]</ref> Since 2012, some unregulated brokers state on their site that “Binary Options are the simplest way to trade the market. They have been available since 2008, and have become regulated in Europe by CySEC in May, 2012.” This does not imply that the broker is regulated by CySEC. Traders should probe for the '''5 Digit CySEC License Number''' and verify on CySEC’s website that the license is (still) valid.<ref>[http://topoptionbroker.com/top-regulated-binary-option-brokers/ Top Option Broker: Best Regulated Binary Option Brokers]</ref> |
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===Response=== |
===Response=== |
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Revision as of 11:05, 17 April 2016
| Επιτροπή Κεφαλαιαγοράς | |
 | |
| Agency overview | |
|---|---|
| Formed | 2001 |
| Jurisdiction | Republic of Cyprus |
| Headquarters | Nicosia, Cyprus |
| Employees | 42 (2009) [1] |
| Agency executive |
|
| Website | cysec |
The Cyprus Securities and Exchange Commission, (Greek: Επιτροπή Κεφαλαιαγοράς) better known as CySEC, is the financial regulatory agency of Cyprus. As an EU member state, CySEC's financial regulations and operations comply with the European MiFID financial harmonization law. Notably a significant number of overseas retail forex brokers and binary options brokers have obtained registration from CySEC.[3][4][5][6][7][8]
History
CySEC was launched in 2001 as part of section 5 of the Cyprus Securities and Exchange Commission (Establishment and Responsibilities) Law of 2001 as a public corporate body. When Cyprus became a member of the European Union in 2004, CySEC simultaneously became a part of the European MiFID regulation, giving firms registered in Cyprus access to all European markets. However, joining the EU and adopting the Euro significantly changed the financial regulatory framework that CySEC policed for what had been previously considered a tax haven.[9][10][11][12]
On May 4, 2012, CySEC announced a policy change regarding the classification of binary options as financial instruments. The effect was that binary options platforms operating in Cyprus (where most of the platforms are based) had to be regulated.[13] This established CySEC as the first financial regulator to globally recognise and regulate binary options as financial instruments.[14]
Responsibilities
CySEC has the following responsibilities:[15][16]
- To supervise and control the operation of the Cyprus Stock Exchange and the transactions carried out in the Stock Exchange, its listed companies, brokers and brokerage firms.
- To supervise and control Licensed Investment Services Companies, Collective Investment funds, investment consultants and mutual fund management companies.
- To grant operation licences to investment firms, including investment consultants, brokerage firms and brokers.[17]
- To impose administrative sanctions and disciplinary penalties to brokers, brokerage firms, investment consultants as well as to in any other legal or natural person whom fall under the provisions of the Stock Market legislation.[18]
Structure
CySEC is administrated by a five-member Board which is composed of the Chairman and the Vice-Chairman, that are employed full-time, plus three other members. In addition the Governor of the Central Bank of Cyprus is represented by a non voting board member. The members of Board are named by the Council of Ministers following a proposal of the Minister of Finance and their service is a five-year term.[19][20]
Regulation & Processing
CySEC has experienced very high growth rates of registrations and pioneering legislation in regards to specific financial services.[21][22] As such, the monitoring and regulation requirements for the organization are continually under adjustment.[23] The process has been under the attention of other EU regulators and CySEC registered Brokerage houses.[24][25]
Regulation
Throughout 2014 and 2015, CySEC has received criticism from traders and industry commentators who claimed that the organization required better legislation regarding the regulation and monitoring of high risk investment firms.[26] They suggested that fines being levied by CySEC tended to be smaller than those handed out by other EU regulatory organizations. Most of the criticism came in regards to specific binary option brokers.[27]
Processing
CySEC was the first financial regulator aiming to regulate binary options. As such, binary option brokers, including prominent ones, are either registered (or attempting to register) with CySEC to be able to legally operate within the Eurozone or to be trusted internationally. Some of them have been requesting faster processing procedures and processes[28][29][30] Since 2012, some unregulated brokers state on their site that “Binary Options are the simplest way to trade the market. They have been available since 2008, and have become regulated in Europe by CySEC in May, 2012.” This does not imply that the broker is regulated by CySEC. Traders should probe for the 5 Digit CySEC License Number and verify on CySEC’s website that the license is (still) valid.[31]
Response
CySEC has implement sweeping changes to both the registration and regulation processes of all registered entities.[32] Changes include more transparency regarding existing listed entities, tougher fines, Broker suspensions and license revoking.[33][34][35] It has also set a strict regulatory approval for name changes. In a circular in 2016, the regulator explains that "the name of the regulated entities, or the use of words within their name, should reflect the work/activities they are engaged in, for purposes of not misleading the investors".[36][37] The organization has also set up a new structure in order to improve the handling of investor complaints.[38]
See also
- Securities Commission
- European Securities and Markets Authority
- Markets in Financial Instruments Directive
- Binary option
- Retail foreign exchange trading
References
- ^ "Annual Report 09" (PDF). CySEC. December 31, 2009. p. 26.
- ^ CySEC: Demetra Kalogerou
- ^ FX Empire: CySEC Regulated Brokers
- ^ Cypriot Investment Firms
- ^ Largest Forex Brokers by Volume in 2015
- ^ HG: Cyprus Investment Firm (CIF)
- ^ PwC: What is a Cypriot Investment Firm (“CIFs”)
- ^ Focus Business Services: Cyprus Forex Company Formation
- ^ Naked Capitalism: Repeat After Me, Cyprus Is (Was) Not a Tax Haven
- ^ TIME: Cyprus Rescue: The Destruction of a Tax Haven
- ^ Investment Gateway: Cyprus Investment Credibility & Credible Jurisdiction
- ^ Financial Regulation in the EU
- ^ InvestToo: CySEC
- ^ CySEC. "Announcement". CySEC. Retrieved 22 April 2015.
- ^ "CySEC Responsibilities". CySEC. Retrieved March 16, 2011.
- ^ Mondaq: Cyprus Investment Firms (CIFS)
- ^ Crowe Horwath: Setting Up A Cyprus Investment Firm (CIF)
- ^ EY: Banking Dynamics - Issue 1
- ^ Bloomberg: CySEC
- ^ The Economist: Demetra Kalogerou
- ^ Gold News: Credible Securities Market a Pillar for Growth
- ^ PwC: Developments and Opportunities in the Cyprus Securities Market
- ^ Demetra Kalogerou: Focusing on Communication
- ^ CySEC: Regulatory Framework Updates
- ^ A.G Paphitis: Regulatory (FX, BO, EMI, PI, AIFs)
- ^ Cyprus Business Mail: Cyprus needs better legislation to monitor high risk investment firms
- ^ Forex Regulation Authorities
- ^ Cyprus needs better legislation to monitor high risk investment firms
- ^ BinaryEX: New CySEC Broker Complaints Procedure
- ^ CySEC Binary brokers
- ^ Top Option Broker: Best Regulated Binary Option Brokers
- ^ Finance Magnates: CySEC Slaps Multiple Fines on EZ Trader, Interactive Options, UFX, FXGM, Surpassing €1 Mln
- ^ CySEC Fines EZ Trader Operator €340,000
- ^ IronFX Settles to Pay CySEC €335,000
- ^ Leap Rate: CySEC suspends ACFX license for one month
- ^ Binary Option Wire: What’s in a name? CySEC toughens up on name changing as well
- ^ Fair Binary Options: CySEC Rules on Name Changing
- ^ Binary Options Broker: CySEC facilitates binary option complaints for investors