U.S. banks struggle to meet Mifid regulations

TL;DR Breakdown

  • U.S. banks face challenges with Mifid II EU rules, impacting their operations with European clients.
  • The U.S. “free pass” shielding banks from EU regulations is expiring.
  • Mifid II separates research costs from trading costs, causing issues with U.S. regulations.

Regulation is a word that often leaves businesses unsettled, and U.S. banks are currently learning this lesson in real-time. They are grappling with a regulatory dilemma that brings them face to face with the European Union’s sweeping financial regulation overhaul—Mifid II.

An unexpected regulatory challenge

For decades, banks worldwide have grumbled about the pervasive influence of U.S. regulation, arguing that they were often coerced into adopting Washington’s rules.

However, the tables have turned. This time, it’s Wall Street, traditionally the exporter of financial standards, that finds itself on the receiving end of an EU regulatory bombshell.

This critical situation unfolds as U.S. banks and brokers servicing European clients face the daunting prospect of losing a U.S. regulatory “free pass”.

This safeguard has so far shielded them from the domestic regulatory consequences of adhering to EU stipulations regarding payment methods for their research.

Under the pre-2018 status quo, payment for research services – encompassing written reports and services such as industry conferences and access to company executives – was typically bundled with trading costs.

This meant that clients ‘compensated’ for research by steering trades and associated commissions towards specific brokers.

However, the EU’s Markets in Financial Instruments Directive or Mifid II, implemented in 2018, decisively split the two, forcing investors to pay directly for research.

This move aimed to shatter what some perceived as excessively comfortable ties between banks and fund managers, ties that obfuscated costs and the specific services that end-clients paid for.

Navigating the implications

U.S. banks are now feeling the pinch of this paradigm shift. One major pain point stems from enduring U.S. regulations requiring any entity selling research to register as an investment advisor, thereby imposing another layer of rules.

Unfortunately for U.S. banks, a five-year waiver from U.S. regulators, which protected them from this requirement, is on the brink of expiry.

This predicament leaves them in a quandary, as investment advisor registration ranges from being a tedious process to potentially affecting other investment banking operations.

In a recent interaction with reporters, Securities and Exchange Commission (SEC) chair Gary Gensler made it clear that the industry should not hold its breath for an extension of the waiver.

Faced with this reality, financial firms are scurrying to find ways to sidestep the necessity of investment advisor registration.

This complex regulatory puzzle doesn’t have a one-size-fits-all solution. It’s further complicated by the fact that banks aren’t uniform in their approach to these challenges.

For instance, both Bank of America and Jefferies have already registered units as investment advisors in the wake of Mifid II, demonstrating that it’s feasible without crippling investment banking activities.

Nonetheless, the task of reorganizing intricate structures merely to accommodate a foreign rule, when their regulated activities remain unchanged, is causing much frustration among brokers.

Adding another dimension to this scenario, a bipartisan bill that could extend the waiver for six months and mandate the SEC to reevaluate the issue was approved by the U.S. House Financial Services Committee last month.

While the bill’s enactment before the deadline is doubtful, it could still potentially come into effect in the upcoming months.

As U.S. banks wade through these turbulent regulatory waters, they echo a sentiment long expressed by European banks doing business in the U.S.—having to comply with regulations from a foreign land can be a challenging endeavor.

Disclaimer: The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decision.

文章来源于互联网:U.S. banks struggle to meet Mifid regulations

Disclaimers:

1. You are solely responsible for your investment decisions and this info is not liable for any losses you may incur.

2. The copyright of this article belongs to the writer, it represents the writer's opinions only, not represents the site's ones. Not financial advice.

Previous 2023年6月14日 16:10
Next 2023年6月14日 18:43

Related articles

  • Valkyrie seeks to convert its Bitcoin ETF to a Bitcoin and Ether dual offering

    TL;DR Breakdown Valkyrie plans to convert its Bitcoin ETF to a Bitcoin and Ether ETF by October 3, 2023. ProShares and Bitwise are also planning similar dual-crypto ETFs. The rise of crypto-focused ETFs in 2023 highlights increasing interest in digital assets. Description Financial powerhouse Valkyrie aims to innovate its current Bitcoin Strategy exchange-traded fund (ETF) by adding Ether to its portfolio, creating a novel strategy for the digital assets market. According to filings scheduled for October 3, 2023, the firm intends to revamp its existing ETF into a Bitcoin and Ether Strategy ETF. Valkyrie’s current ETF, traded … Read more Financial powerhouse Valkyrie aims to innovate its current Bitcoin Strategy exchange-traded fund (ETF) by adding Ether to its portfolio, creating a novel strategy for the digital assets market. According to filings scheduled for October 3, 2023, the firm intends to revamp its existing ETF into a Bitcoin and Ether Strategy ETF. Valkyrie’s current ETF, traded on Nasdaq, primarily invests in Bitcoin futures contracts. In an attempt to outpace the competition, Valkyrie’s proposal date is strategically planned to precede the launches…

    Article 2023年8月6日
  • Panoptic founder Lambert warns UniV3 LPs are losing millions each year

    TL;DR Breakdown Guillaume Lambert, the founder of Panoptic, has warned against providing liquidity in UniV3, saying that liquidity providers are losing millions per year. Lambert said that he and his team at Panoptic are working on solutions to address these issues. Description In a recent Twitter thread, Guillaume Lambert, the founder of Panoptic, has warned against providing liquidity in UniV3, saying that liquidity providers(LPs) are losing millions per year. Lambert addressed concerns about potential losses and demystified the concepts of Impermanent Loss (IL), Loss-versus-rebalancing (LVR), Just-in-time (JIT) liquidity, and Miner Extractable Value (MEV). The Panoptic founder emphasized … Read more In a recent Twitter thread, Guillaume Lambert, the founder of Panoptic, has warned against providing liquidity in UniV3, saying that liquidity providers(LPs) are losing millions per year. Lambert addressed concerns about potential losses and demystified the concepts of Impermanent Loss (IL), Loss-versus-rebalancing (LVR), Just-in-time (JIT) liquidity, and Miner Extractable Value (MEV). The Panoptic founder emphasized that understanding LPing as an options trading approach could lead to successful outcomes for retail-level LPs. Lambert offers solutions to LPs Lambert explained that IL…

    Article 2023年8月6日
  • Crypto traders bet on Asia as the US crackdown the market

    TL;DR Breakdown Asia is fast becoming the new center of gravity for crypto markets as the United States SEC moves to dismantle the DeFi market in the country.  Asian crypto markets shine despite the sanctions put by China and India – two countries with the largest populations in the region. The pivot toward Asia was underway even before the SEC under Chair Gary Gensler launched a wide-reaching clampdown in 2023. Description Amidst a backdrop of mounting regulatory scrutiny and a recent crackdown on crypto in the United States, Asia has emerged as a thriving hub for crypto traders seeking a haven for their digital assets. As the global crypto landscape undergoes significant shifts, regulatory clarity and growing adoption of digital currencies in countries across Asia have … Read more Amidst a backdrop of mounting regulatory scrutiny and a recent crackdown on crypto in the United States, Asia has emerged as a thriving hub for crypto traders seeking a haven for their digital assets. As the global crypto landscape undergoes significant shifts, regulatory clarity and growing adoption of digital currencies in…

    Article 2023年6月26日
  • XRP’s U.S. adoption hindered by SEC lawsuit, claims Pro-XRP lawyer John E Deaton

    TL;DR Breakdown Pro-XRP lawyer John E Deaton claims the XRP token lost nearly three years of U.S. adoption due to the SEC’s lawsuit against Ripple in December 2020. Ripple’s CEO, Brad Garlinghouse, supports Coinbase’s move, seeing potential for the USDC ecosystem’s growth. Deaton stresses that MoneyGram and Coinbase determined XRP was not a security, contrasting with the SEC’s later lawsuit against Ripple. Description In a recent statement on X (formerly Twitter), pro-XRP lawyer John E Deaton claimed that the XRP token had lost nearly three years of adoption in the United States. This setback is attributed to the United States Securities and Exchange Commission’s (SEC) lawsuit against Ripple, filed in December 2020. Deaton’s remarks highlight the impact of … Read more In a recent statement on X (formerly Twitter), pro-XRP lawyer John E Deaton claimed that the XRP token had lost nearly three years of adoption in the United States. This setback is attributed to the United States Securities and Exchange Commission’s (SEC) lawsuit against Ripple, filed in December 2020. Deaton’s remarks highlight the impact of the SEC’s actions on…

    Article 2023年8月23日
  • LUNC and LUNA show promise as Terra Luna faces crucial vote

    TL;DR Breakdown Terra Luna Classic is voting on Proposal 11780 to increase the minimum deposit for proposals from 1 million to 5 million LUNC. The proposal aims to combat the rise in spam and irrelevant proposals. The L1 Terra Classic Task Force is preparing for a core upgrade (v2.2.1) scheduled for September 12 at 9.57 UTC. Description The Terra Luna Classic community is currently voting on Proposal 11780. This initiative aims to combat the surge in spam proposals by raising the minimum deposit amount from 1 million to 5 million LUNC. The proposal comes when the crypto market is buzzing with activity, especially ahead of the v2.2.1 core upgrade scheduled for September … Read more The Terra Luna Classic community is currently voting on Proposal 11780. This initiative aims to combat the surge in spam proposals by raising the minimum deposit amount from 1 million to 5 million LUNC. The proposal comes when the crypto market is buzzing with activity, especially ahead of the v2.2.1 core upgrade scheduled for September 12 at 9.57 UTC. The community’s validators are in agreement….

    Article 2023年9月10日
TOP