Buy-side Perspectives Issue 5 | Page 29

European Commission insider dealing rules take effect The European Commission’s new Market Abuse Regulation on insider dealing and market manipulation took effect on 3 July, in a move the Commission says will ensure more “efficient, transparency and trustworthy” European financial markets. The rules include measures intended to strengthen the fight against market abuse across asset classes and related derivative markets, as well as explicitly banning the manipulation of benchmarks such as Libor. In addition, new measures intended to reinforce the investigative and sanctioning powers of regulators are included. The new rulebook consists of the Market Abuse Regulation and the Directive on Criminal Sanctions for Market Abuse. "I am very pleased that our revamped rulebook against insider dealing and market manipulation is now taking effect,” said Jonathan Hill, EU Commissioner responsible for Financial Stability, Financial Services and Capital Markets Union. “Having in place clear rules against misbehaviour on Europe's financial markets is key for their efficient functioning and investor protection." Vera Jourová, Commissioner responsible for Justice, Consumers and Gender Equality added: "Administrative authorities will now have greater powers to investigate market abuse and to impose significant fines, while those found guilty of market abuse will be deterred by the prospect of facing jail." SEC proposal could force brokers to disclose how they handle orders The US Securities and Exchange Commission has voted to propose rules that for the first time would require broker-dealers to disclose the handling of institutional orders to customers. The proposed rules under Reg NMS would also expand the information included in existing retail order disclosures. “These proposed rules are intended to bring order handling disclosure in line with modern technology and market practice, providing valuable information to retail and institutional investors about how their orders are treated,” said SEC Chair Mary Jo White. “This information should provide investors more transparency and a powerful new tool to more effectively monitor broker-dealer routing decisions, especially when combined with the additional disclosures from alternative trading systems proposed by the Commission late last year.” According to the SEC, the proposed rules would require a broker-dealer to provide a customer, upon request, a report on its handling of that customer’s institutional orders (orders in exchange-listed stocks with an original market value of at least $200,000), containing specified monthly data for the previous six months. The customer-specific report would also require detailed order handling information for each venue to which the brokerdealer routed institutional orders for the customer and would be presented in the aggregate and broken down by passive, neutral, and aggressive order routing strategies. Separately, the proposed amendments would require brokerdealers to make public on a quarterly basis aggregated reports of their handling of all institutional orders, the SEC said. The Commission is seeking public comment on the proposal for 60 days following its publication in the Federal Register. August 2016 www.buysideintel.com 29