To assist financial firms prepare for the implementation of the European Union's
Markets in Financial Instruments Directive over the next two years, 11 financial
trade associations have established a joint initiative to draft guidelines, organize
workshops, draw up sample customer documents, and take other actions to ease
the burden of complying with the new regulations. The Futures and Options
Association, the U.K. trade group for participants in the listed derivatives markets,
is taking a leading role in the initiative, with Anthony Belchambers, the FOA's chief
executive officer, acting as the project's chairman.
The project, called MiFID Connect, was launched in November with support
from just four organizations, but another seven joined in the months since then as
the scope and scale of MiFID's impact on financial markets has become better
understood. All financial firms operating in the U.K., including futures commission
merchants, investment banks and commodity dealers will be affected by MiFID,
even if their headquarters are outside the 30 European countries that will be implementing
the directive. The trade associations involved in the MiFID Connect project
now represent nearly the full scope of affected market participants, including
asset managers, investment banks, commodity dealers, insurance companies,
brokerage houses, and building societies.
The group is expected to issue a "survival guide" in July recommending a strategy
and plan for managing the implementation. At least two educational events are
planned for this fall, with the timing depending in part on the publication of guidance
from the U.K.'s Financial Services Authority. Clifford Chance has been
appointed as lawyers to the project, and the British Bankers Association is acting
as the project's secretariat. The supporting organizations also have established a
subgroup of IT specialists from member firms to consider the consequences of
MiFID for technology and operations.
One of MiFID Connect's main tasks is to develop guidance in 10 areas where the
MiFID requirements are ambiguous or carry a high degree of legal uncertainty.
Clifford Chance already has produced draft guidance in four areas: best execution,
appropriateness, suitability and conflicts of interest management. These have been
circulated to member firms for review, and MiFID Connect is working with the
Financial Services Authority to make sure that the guidance will be consistent with
regulatory expectations. The law firm is currently working on draft guidance in two
other areas, customer classifications and transaction reporting, and the remainder
will be completed no later than January 31. That is the start of the nine-month period
that the European Commission has set for compliance with the MiFID directive.
"By requiring firms to implement the new MiFID requirements by Nov. 1 2007,
the Commission has set a very ambitious timetable," Belchambers said. "That,
taken together with the fact that these new requirements will generate significant
changes in firm's internal procedures, customer documents, and IT systems,
emphasizes the importance for the industry to establish a strong ‘stamp' on implementation
policy and process. Our goal is to ensure that the implementation is practical,
market-sensitive and sustainable."
The members of MiFID Connect include: The Association of British Insurers, the
Association of Foreign Bankers, the Association of Private Client Investment
Managers and Stockbrokers, the Bond Market Association, British Bankers'
Association, the Building Societies Association, the Futures and Options
Association, the International Capital Market Association, the Investment
Management Association, the International Swaps and Derivatives Association and
the London Investment Banking Association.—Will Acworth, editor of Futures
Industry
Alan Jenkins, based in London, is BearingPoint’s
European Head of MiFID, and chairs the Cross
Jurisdiction sub group of the MiFID Joint Working
Group.