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Deze masterproef betreft een onderzoek naar het 'Know your customer'- en 'Inform your customer'-principe van de Europese MiFID-richtlijn op Belgisch niveau. De vier grootbanken van België alsook AXA bank worden met elkaar vergeleken op basis van vragenlijsten, beleggersprofielen en beleggingsproducten op de toepassing van de bovenvermelde principes.Het eerste deel bevat een theoretische benadering van de MiFID-richtlijn.
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In Europe, the investment consulting has been putted up for discussion. Actually, people complain about the fact, that consulting is not worth it anymore and that we are overregulated. And now, in 2018, MiFID II arrives and brings a regulation and a directive up again. Since the financial crisis, legislators created some regulations and directives, in order to increase investor protection, transparency and competition. Towards MiFID II - Does MiFID meet the clients’ needs in Belgium? In this thesis, I try to understand the evolution and modifications of the different directives concerning financial instruments and how the transparency regime evolved. Thanks to some interviews and a little survey, I try to find out the investment adviser’s as well as the investor’s point of view concerning MiFID.
MiFID --- Transparence --- Transparency --- Transparenz --- Sciences économiques & de gestion > Finance
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Inducements are fees, commissions or any other non-monetary benefits received or paid by financial institutions when providing investment services to their clients. Inducements are subject to a special attention because they can contribute to the emergence of conflicts of interest. Indeed, they can be considered as financial arrangements between product providers and investment firms, consequently they could influence the promotion of specific products by the investment firm to its clients. Under the new regime imposed by MIFID II inducements are still permitted, under certain conditions, when they are related to the provision of financial and ancillary services. Nevertheless, in the context of portfolio management and independent advice, investments firms are no longer allowed to keep those inducements. In other words, all inducements, perceived when providing those services, must be transferred to clients. The objective of this thesis is to understand the new regime in force as well as its impact on financial institutions. The new measures having a direct impact on the administrative burden and the business model of those institutions.
MIFID --- Incitations --- Directive --- Inducement --- Sciences économiques & de gestion > Finance
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[En] Individuals are unique and influenced by many factors. In order to be able to provide an individual investor with a suitable advice or a suitable financial instrument, the Market in Financial Instruments Directive (MiFID), adopted in 2004, requires investment companies to collect many pieces of information about those individual investors. However, a strengthened version of MiFID, MiFID II, will be implemented on the 3rd of January 2018. Indeed, the financial crisis of 2008 and the evolution of financial markets spotlighted the need to strengthen MiFID. As MiFID II will set higher standards of individual investors’ protection, this thesis aims at taking stock of the current pieces of information collected and of the profiling methods used by private bankers in Belgium in order to assign an investment profile to an individual investor right before the implementation of the new directive. After having described the factors influencing the investment decision process of individuals, I described the three dimensions a suitable advice needs to cover (financial capacity, knowledge and experience and investment objectives) according to the requirements of MiFID and MiFID II and according to the guidelines of the Financial Services and Markets Authority (FSMA) and of the European Securities and Markets Authority (ESMA). Then I established an assessment grid based on those requirements and guidelines in order to assess the standardized questionnaires used by the eight banks constituting my sample. I used two different rating methods in order to assess those questionnaires. I also conducted eight interviews with private bankers of each of those banks in order to compare their profiling methods with the theoretical part of my thesis. The results of my analysis showed that the current profiling methods and standardized questionnaires used by the banks constituting my sample do cover correctly the three dimensions. Indeed, the pieces of information that are not collected though the questionnaires are gathered though the conversation the private banker and their client have. However, a bigger sample would be needed in order to assess the situation on a national level. In addition to that, I noticed some weaknesses in the private bankers’ understanding and knowledge of behavioural biases which impact on the investment decision process of individual investors could be significant.
Profilage --- MiFID --- MiFID II --- Suitability --- Adéquation --- Questionnaires --- Investisseurs individuels --- Profiling --- Individual Investors --- Sciences économiques & de gestion > Finance
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Crowdfunding is an innovative way of financing projects based on small investor donations. Crowdfunding started to boom around 2008 thanks to the emergence of new technologies such as internet 2.0, more altruistic way of thinking and stricter conditions for raising funds through regular capital markets. In crowdfunding the risk is still incurred by the investor. However, no specific legislation in Belgium ensures that the investor is well-informed of this risk. At this moment, the crowdfunding platforms only need to adhere to the « loi du 16 juin 2006 relative aux offres publiques d'instruments de placement et aux admissions d'instruments de placement à la négociation sur des marchés réglementés », usually called « Loi Prospectus ». In 2014, the European Commission issued a new financial directive, MIFID II. This directive aimed at increasing investor protection and regulation. I found that the Belgian crowdfunding platforms are not yet adhering to this directive due to limited scope of this legislation. Therefore, these platforms are free to establish their own rules. This raises the question how or when the Belgian and European regulators can take action to control this new capital market. The goal of this paper is to provide recommendations to Belgian and European regulators on how to regulate crowdfunding platforms. They are based on MIFID II, the Jumpstart Our Business Startups (JOBS) Act of 05 April 2012 from United States of America and other European countries such as United Kingdom, France and Italy. I recommend new rules such as the investor information regarding risks, the FSMA registration or the study of application for financing. Some recommendations also aim the nature of the documents provided by the issuers and the maximum investment limit of 1.000€ per person set by the « loi du 25 avril 2014 ».
MIFID II --- Crowdfunding --- JOBS Act --- Loi Prospectus --- Sciences économiques & de gestion > Finance
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Since the 2008 crisis, the financial industry has been assailed by an endless number of regulations. Whether brand new or steps in a journey – that nobody knows when it will end – each regulation influences the financial world. They have even become one of the main challenges for the market. Mainly implemented to enhance the financial stability of the industry or to protect customers, they are too often perceived as significant costs for companies. Indeed, the price of reaching compliance is not to be underestimated as it includes both people and technology. However, by choosing the right approach to their implementation, the firms impacted could actually save time and money in the long run. But to do so, they need to take well thought-out and judicious actions that best suit their business. These include strategic, operational and tactical responses. The implementation journey is therefore long and difficult.
Basel III --- Solvency II --- MiFID II --- opportunities --- Sciences économiques & de gestion > Finance
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In 2004, the European Parliament and Council adopted the Markets in Financial Instruments Directive (MiFID). This directive has a big impact for investment companies, which are now required to profile their clients and acquire several pieces of information about them. Even if the directive has a very noble range of objectives, it suffers from a lot of criticism due to its high margin for interpretation. Each financial institution uses its own profiling approach and its own questionnaire, which can be very distinct from its competitors’. What is the situation in Belgium, and more precisely in the private banking industry, an increasingly important sector? Does the lack of precision of MiFID lead to divergences in the profiling approaches used by the major Belgian private banks? Do those institutions respect the compulsory criteria highlighted by MiFID? Based on my research in the theoretical part, I established an assessment grid bringing up the compulsory criteria of the legislation and extra criteria, not obligatory but justified by the literature or additional guides. Then, I conducted interviews with the major Belgian private banks and drew up an evaluation of their profiling methods. I also filled out the profiling questionnaire in each institution in order to observe if the risk profiles obtained are equivalent. Finally, in each bank, I acquired some information about the offer of products corresponding to the risk profile obtained, in order to see if there are a lot of divergences between them. The results of the empirical approach first demonstrated that although improvements still need to be made, the private banks assessed respect on average the legislation of MiFID quite well. However, the majority of the private banks do not go further than what is strictly required by the directive. I also found out that the divergences between the different private banks assessed were sometimes significant, as some of them investigated in depth some criteria that others totally left out. Nevertheless, my findings confirmed that even if the questionnaires are sometimes very divergent they actually led in general to equivalent risk profiles when filled out by the same person. Finally, it came out that the offers of products are quite similar but that the proportion of the different asset classes varies from one bank to another, depending on the limits set up by each institution.
compliance --- MiFID --- regulation --- profiling approaches --- evolution --- Belgium --- private banks --- Sciences économiques & de gestion > Finance
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The purpose of this paper is to analyse all aspects linked to brexit on the investment funds industry is an area that is heavily regulated at EU level by the Alternative Investment Fund Managers Directive (“AIFMD”), the Undertakings for Collective Investment in Transferable Securities Directive (“UCITS”) and the Markets in Financial Instruments Directive (“MiFID”). While Brexit is not likely to occur before 2019, this paper summarise the impacts in the investment funds under different area of activities. In the first part, the regulatory environement is detailed as well as the processus of Brexit and the players who are involved. The primary considerations of Brexit for investment management professionals and the clients they serve are a loss of passporting rights (primarily for UK firms but also for others EU firms passporting to the UK), possible restrictions on the management of assets from the UK for clients based in the EU. A loss of passporting rights for investment firms would impact several aspects of the investment management business. These include, for example, cross-border marketing and distribution of investment funds, as well as some ancillary services, such as custody and administration. The provision of investment services to retail clients may also be impacted, given the limitations of the “third-country” regimes under certain EU laws. Then a special focus on the different outcomes of the negotiations (which comprise two phases) is described. In the second part we assess the potential impacts Brexit may have on funds and fund managers (regarding the locations of the different key fund’s players) and the needs to be considered and contingency plans put in place (with the elements to be considered). This is particularly relevant for fund managers wishing to keep EU distribution channels open. Ireland and Luxembourg are potential markets for re-domiciliation and future product initiatives as they are already hub centers for funds domiciliation.
Brexit --- Investment funds --- UCITS --- AIFMD --- MIFID --- Sciences économiques & de gestion > Finance
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This thesis goal is to define and implement compliance processes for a discretionary management web-platform called Birdee. Birdee is a 100% online solution that enables investors to place their money in the online platform. Their money will then be managed on a discretionary basis thanks to algorithms and committees of experts. Meanwhile, the compliance role is to obey rules and requests made by persons or institutions that have authority power. The compliance in the Birdee online platform scope is three points: the anti-money laundering and counter terrorism financing policy, the onboarding process and the risk management. In order to carry out the definition and the implementation, a study of the laws, circulars and directives regarding these three points is developed in the thesis. In addition, the Birdee platform’s online feature brings additional requests. Indeed, a web-platform client behaves differently than a client who has a direct relationship with his portfolio manager. This thesis complexity resides in the linkage between the financial sector’s regulator demands and the online client’s demands. The linkage leads to an online questionnaire creation that will allow Birdee’s client acceptance. This questionnaire follows the demands done by the regulator. It respects MIFID II and the laws that regulate the anti-money laundering and counter financing. It also leads to the anti-money laundering, counter terrorism financing and risk management processes. Those processes respect the laws linked to the anti-money laundering and the risk management.
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Pushed by various economic, regulatory and technological developments, robo-advisors are meanwhile considered one of the most important disruptive trends in the asset and wealth management industry. To evaluate the potential of robo-advisors to provide a new perspective to retail investors on the capital markets in the European Union, a systematic literature review was carried out on a practical and regulatory level with respect to selected criteria. Semi-structured interviews with experts from different fields allowed to get more in-depth and comparative information to be included in the research design. Results indicate that there is first and foremost a lack of consensus on the term "robo-advisory" on behalf of finance, as well as legal experts. Nevertheless, on a practical level, robo-advisors have the potential to attract retail investors back into capital markets, above all thanks to their simple and low-cost fee structure. On a regulatory level, robo-advisors in the European Union are embedded in a resilient framework - with MiFID II as its corner stone - which, however, needs clarification or guidance in certain regards, for example by ESMA, to ensure that risks for retail clients are mitigated.
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