Chapter 2 Flashcards
What additional products will transparency requirements be applied to under MiFID II?
Bonds and derivatives
Which organisation publishes MiFID proposals?
The European Commission (EC)
What are APAs?
Approved Publication Arrangement firms
APAs are a proposed market infrastructure mechanism for collecting and publishing market data; approval will be given by European Securities and Markets Authority (ESMA) or a member state regulator.
Under MiFID II what is the minimum requirement for 3rd country firms intending to provide services within the EEA?
They must, as a minimum, set up branches in that country
Under MiFID II what type of instrument will be included under the banner of complex product?
What will need to be assessed before the product is recommended to a retail client?
Unstructured UCITS (undertakings if or collective investments in transferable securities)
An assessment of appropriateness will need to be carried out before these instruments are sold to retail clients
Under MiFID II what will ESMA have the powers to ban in conjunction. With national regulators
ESMA (european Securities and Markets Authority) has the power to temporarily ban products also have the power in conjunction with national regulators to permanently ban products
National regulators will also be empowered to apply position limits to reduce companies exposure to certain products
What are the three pillars of Basel II
- Pillar 1: Minimal capital requirement
- Pillar 2: Supervisory review
- Pillar 3: Market discipline
What is the Basel II definition of operational risk
‘the risk of loss resulting from inadequate or failed internal processes, people and systems or from external events’.
How is operational risk calculated (basel II)
Capital ratio =
Capital requirement /
(Credit risk exposure + Market risk exposure + Operational risk
exposure)
What are the penalties that can be imposed by the information commissioners office when a person suffers damage as a result of a contravention of the DPA?
Fine of up to £500,000 pounds and compensation to be paid to the individual. They may undertake proceedings which can result in a prison sentence
Who is responsible for implementing data retention policies
Firm’s senior management
What instruments does the CJA 1993 not cover?
Commodities or commodity derivatives
Which directive sets the basic standards when VaR is used for setting minimal capital requirements?
Capital Requirements Directive
What instruments are covered by insider dealing?
Shares, bonds, warrants, depository receipts, contracts for difference, futures and options
What is the maximum penalty for insider dealing?
7 years imprisonment and unlimited fine