No FCA enforcement referrals yet, despite MiFID II struggles
December 5, 2019

A total of 546 firms have admitted to errors in their MiFID II (markets in financial instruments directive II) transaction reporting since January 2018, according to data released under a Freedom of Information (FOI) request made by global advisor Duff & Phelps.

Of the 3,724 UK investment firms which must report transactions under MiFID II to the UK Financial Conuct Authority (FCA), around 15 percent have notified the FCA of errors or omissions in their transaction reports, while 223 additional firms have been proactively contacted by the FCA regarding potential reporting errors.

This suggests around a fifth of all investment firms have been in communication with the FCA about errors in their reporting under the new MiFID II regime, which went live on January 3 2018.

The UK regulator has held visits, meetings or conference calls with 74 firms for the specific purpose of discussing the quality of their transaction reporting.

Although many firms are struggling to comply with the new rules, the FCA has not yet opened any transaction reporting enforcement investigations. Notably, the FCA imposed a total of over £90m of fines on 14 different firms in relation to reporting under the previous MiFID I regime, which went into effect in November 2007.

Nick Bayley, Managing Director in Duff & Phelps' Compliance and Regulatory Consulting practice, comments: "We believe the proportion of firms that are getting their transaction reporting wrong is actually far higher than the 20 percent or so that have been in contact with the FCA.

"MiFID II is the broadest and most complex piece of regulation to affect the European capital markets. It is understandable that the regulator has taken quite a pragmatic approach to firms' compliance and has allowed them the opportunity to remediate errors and improve their reporting.

"However, the honeymoon period of education and encouragement of firms in relation to transaction reporting will not last forever. The FCA has told us that it will take a much stricter approach where firms have made no meaningful effort to comply with their obligations or failed to act on the FCA's observations."

"In light of the number and size of public actions the FCA took under MiFID I and the relatively low hurdle that the FCA now applies when referring cases for enforcement, we could see several referrals of transaction reporting cases in 2020.

"However, the FCA enforcement machine is crowded with other cases at present and we may not see any actual public outcomes on transaction reporting until the following year."

Duff & Phelps says the FCA disclosed that only 682 firms (18 percent) have requested a data extract from the regulator's Market Data Processor (MDP) system against which to check the accuracy of their reporting. It says this low proportion suggests many firms do not fully understand the steps they should be taking to assure the quality of their reporting.





This site, like many others, uses small files called cookies to customize your experience. Cookies appear to be blocked on this browser. Please consider allowing cookies so that you can enjoy more content across globalcustody.net.

How do I enable cookies in my browser?

Internet Explorer
1. Click the Tools button (or press ALT and T on the keyboard), and then click Internet Options.
2. Click the Privacy tab
3. Move the slider away from 'Block all cookies' to a setting you're comfortable with.

Firefox
1. At the top of the Firefox window, click on the Tools menu and select Options...
2. Select the Privacy panel.
3. Set Firefox will: to Use custom settings for history.
4. Make sure Accept cookies from sites is selected.

Safari Browser
1. Click Safari icon in Menu Bar
2. Click Preferences (gear icon)
3. Click Security icon
4. Accept cookies: select Radio button "only from sites I visit"

Chrome
1. Click the menu icon to the right of the address bar (looks like 3 lines)
2. Click Settings
3. Click the "Show advanced settings" tab at the bottom
4. Click the "Content settings..." button in the Privacy section
5. At the top under Cookies make sure it is set to "Allow local data to be set (recommended)"

Opera
1. Click the red O button in the upper left hand corner
2. Select Settings -> Preferences
3. Select the Advanced Tab
4. Select Cookies in the list on the left side
5. Set it to "Accept cookies" or "Accept cookies only from the sites I visit"
6. Click OK

A total of 546 firms have admitted to errors in their MiFID II (markets in financial instruments directive II) transaction reporting since January 2018, according to data released under a Freedom of Information (FOI) request made by global advisor Duff & Phelps.

Of the 3,724 UK investment firms which must report transactions under MiFID II to the UK Financial Conuct Authority (FCA), around 15 percent have notified the FCA of errors or omissions in their transaction reports, while 223 additional firms have been proactively contacted by the FCA regarding potential reporting errors.

This suggests around a fifth of all investment firms have been in communication with the FCA about errors in their reporting under the new MiFID II regime, which went live on January 3 2018.

The UK regulator has held visits, meetings or conference calls with 74 firms for the specific purpose of discussing the quality of their transaction reporting.

Although many firms are struggling to comply with the new rules, the FCA has not yet opened any transaction reporting enforcement investigations. Notably, the FCA imposed a total of over £90m of fines on 14 different firms in relation to reporting under the previous MiFID I regime, which went into effect in November 2007.

Nick Bayley, Managing Director in Duff & Phelps' Compliance and Regulatory Consulting practice, comments: "We believe the proportion of firms that are getting their transaction reporting wrong is actually far higher than the 20 percent or so that have been in contact with the FCA.

"MiFID II is the broadest and most complex piece of regulation to affect the European capital markets. It is understandable that the regulator has taken quite a pragmatic approach to firms' compliance and has allowed them the opportunity to remediate errors and improve their reporting.

"However, the honeymoon period of education and encouragement of firms in relation to transaction reporting will not last forever. The FCA has told us that it will take a much stricter approach where firms have made no meaningful effort to comply with their obligations or failed to act on the FCA's observations."

"In light of the number and size of public actions the FCA took under MiFID I and the relatively low hurdle that the FCA now applies when referring cases for enforcement, we could see several referrals of transaction reporting cases in 2020.

"However, the FCA enforcement machine is crowded with other cases at present and we may not see any actual public outcomes on transaction reporting until the following year."

Duff & Phelps says the FCA disclosed that only 682 firms (18 percent) have requested a data extract from the regulator's Market Data Processor (MDP) system against which to check the accuracy of their reporting. It says this low proportion suggests many firms do not fully understand the steps they should be taking to assure the quality of their reporting.



Free subscription - selected news and optional newsletter
Premium subscription
  • All latest news
  • Latest special reports
  • Your choice of newsletter timing and topics
Full-access magazine subscription
  • 7-year archive of news
  • All past special reports
  • Newsletter with your choice of timing and topics
  • Access to more content across the site