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Brexit & FCA regulation

27 June 2016

As you possibly know, the UK voted “out” on the European Union membership referendum last week.

brexit-800x500

Many non UK customers are wondering about the implications for FCA (UK) regulated companies like Darwinex, who use a MiFID passport to operate in other EU countries.

Neither us nor our compliance advisors have the benefit of a crystal glass, but what we know is:

  1. Short term, until further instruction, it’s business as usual
  2. Medium term, 3 scenarios open up:
    1. Bregret: The UK decides that the outcome of the referendum wasn’t conclusive and backtrack
    2. Amiable divorce: UK – EU negotiations minimize change – no impact on investment activities
    3. Sour grapes: UK – EU exit negotiations turn sour, and UK leaves

Bregret

Whilst the outcome of the referendum was “out”, the result was narrow (51.9% vs. 49.1%) and unsurprisingly significant debate has emerged on whether a narrow simple majority outcome warrants the potential consequences of the exit effort.

At the time of writing, the UK has yet to formally invoke Article 50 in the Lisbon Treaty to request out of the EU. David Cameron has resigned and handed-over the decision to a new Conservative Leader – a successor unlikely to be found before October 2016.

A lot can happen between now and then…

Amiable divorce

Should the UK invoke article 50 the fact remains that:

  1. London is currently the EU’s unquestioned financial capital
  2. Most financial institutions in the EU had enough to worry about before Brexit
  3. In the event of a Brexit, most incumbents have more to lose by giving up the current status, than they have to win from any alternative set-up

Both sides to the table know this:

  1. The UK knows there’s an awful lot of jobs in South England at risk if London (and the FCA) loses their pre-eminent status
  2. The EU knows European Banks can ill afford another construction site looking for a new home to their capital markets activities

Which means: easiest way out would be to change everything for everything to remain the same. The Markets in Financial Instruments Directive (MiFID) is the master legislation that harmonises regulation for investment services… in the European Economic Area, which comprises the 28 EU member states plus Iceland, Norway and Liechtenstein.

If you ask a humble Fintech CEO, leaving MiFID as it is and applying it to 27 member states of the EU plus UK, Iceland, Norway and Liechtenstein looks like a relatively pain-free way out of the conundrum 🙂

In this scenario, when it comes to financial regulation, Brexit remain a wikipedia entry & a couple of weeks of stress in the market.

Sour grapes

Remainer or Leaver, the fact remains that a majority of UK citizens did vote to leave the EU.

The UK has sent a VERY clear message to European Union, and the message wasn’t lost on off-mainstream but growing political leaders in France, Netherlands, etc. who have requested follow-up referenda. This might tempt Ms Merkel into a hawkish stand on negotiation. Be tough with the Brits to fight off more referenda. The price to be paid would be sour divorce negotiations between the UK and EU: EU leaders would shoot the UK (hurt the City) in their own feet (EU banks would suffer the most).

Should grapes really turn sour, then thousands of European Financial institutions – including pretty much every European Fintech start-up – will seek a new home base to passport regulated activities into the remainder of the European Union. This will be a huge task with TONS of time wasted on tasks other than serving customers – which will imply a LOOOONGG transition period into an uncertain set-up.

Were this to happen, we’ll move giving plenty of notice & mutate into a legally new Darwinex, with the same old mission to serve active traders & investors.

The road from here: EVOLUTION!

Brexit or not, we still live in a world where the less you own, the worse you invest.

So, Mr. Cameron, Ms. Merkel, Mr. Johnson & Ms. Le Pen: go ahead and waste everybody’s time and money changing the fine print.

Meanwhile, we’ll continue to re-imagine the investing game: by the time the new UK Premier is even known and banks appoint their Brexit committees, we’ll have released a TON of functionality empowering active investors.

Bregret, Brexit or even end of the EU: the impact of Brexit on the independent traders’ movement is this blog-post.

Let’s face it, we’ve all got bigger fry going on.

Last News

Trading Schedule for the US Independence Day on 3rd July 2020

30 June 2020

Please note the amended Darwinex trading hours for the upcoming US Independence Day on 3 July 2020.

Please note the amended Darwinex trading hours for the upcoming US Independence Day on 3 July 2020. All times are in UK (BST) time.

FX Friday 3rd July
All FX Instruments 22:04:01 Thu – 21:55:00 Fri
DARWINs 22:05:00 Thu – 21:55:00 Fri
Commodities Friday 3rd July
Gold *23:01:00 Thu – 17:44 Fri 
Silver *23:00:01 Thu – 17:59:50 Fri 
US Crude *23:00:01 Thu – 17:44 Fri 
US Natural Gas *23:00:01 Thu – 17:44 Fri 
Indices Friday 3rd July
AUS200 23:00 Thu – 22:00 Fri
STOXX50E 23:00 Thu – 22:00 Fri
FCHI40 23:00 Thu – 22:00 Fri
GDAXI 07:00 – 21:00
J225 *23:00 Thu – 18:00 Fri 
SPA35 07:00 – 19:00
UK100 23:00 Thu – 22:00 Fri
SPX500 *23:00 Thu – 18:00 Fri
NDX *23:00 Thu – 18:00 Fri 
WS30 *23:00 Thu – 18:00 Fri
Stocks Friday 3rd July
All US stocks CLOSED
 
Crypto Friday 3rd July
All Crypto Instruments 22:05 Wed – 22:00 Thu

*Amended trading hours.

The DARWIN Exchange will remain open even if the underlying assets’ market is closed. Learn about standard procedure when you buy/sell a DARWIN whose underlying asset market is closed: What happens if you want to buy/sell a DARWIN which has underlying trades open with different opening/closing times?

As always, at info@darwinex.com we’ll be happy to assist you!

apalancamiento esma

Move of DarwinIA allocations to new risk DARWINs

26 June 2020

Next Monday  29 June 2020 13:00 we will move DarwinIA allocations from the DARWINs of VaR 10% to those of VaR 6.5%.

Next Monday  29 June 2020 13:00 we will move DarwinIA allocations from the DARWINs of VaR 10% to those of VaR 6.5%.

For this move, it’s necessary to take into account the PnL of the allocation. That is, if a DARWIN of VaR 10% had an allocation of 20,000 and PnL of 1,000, what it will have after the migration to VaR 6.5% will be

(20000 + 1000) * 10/6.5

If it were a loss instead of a gain, it would be subtracted.

On July 1st the new DarwinIA prizes will be allocated to the 6.5% VaR DARWINs.

Upcoming Holiday in Australia

4 June 2020

Please be aware that there is a public holiday in Australia on 8 June. Please kindly note that during this time spreads may be wider and liquidity may be thinner. Bank holidays may also give rise to changes to the applicable swap rates. Here are the amended Darwinex trading hours for this day. All times are […]

Please be aware that there is a public holiday in Australia on 8 June. Please kindly note that during this time spreads may be wider and liquidity may be thinner. Bank holidays may also give rise to changes to the applicable swap rates.

Here are the amended Darwinex trading hours for this day. All times are in UK (BST) time.

Indices  Monday 8th June 2020
AUS200 08:10 – 22:00

 

The rest of the assets will trade according to their usual trading time.

 

apalancamiento esma

Platform in Maintenance Mode on May 30-31

29 May 2020

For the rolling out of the changes announced earlier this week, the entire Darwinex platform will be switched to maintenance mode including darwinex.com, mobile apps, FTP service and DARWIN API.

For the rolling out of the changes announced earlier this week, the entire Darwinex platform will be switched to maintenance mode including darwinex.com, mobile apps, FTP service and DARWIN API.

If everything goes as planned, the new DARWINs will be born by the end of the weekend!

Upcoming Holiday In New Zealand Resulting In The Possibility Of Wider Spread

27 May 2020

Please be aware that there is a public holiday in New Zealand on Monday, June 1st during which spreads may be wider and liquidity may be thinner. For any questions, reach out to info@darwinex.com.

Please be aware that there is a public holiday in New Zealand on Monday, June 1st during which spreads may be wider and liquidity may be thinner. For any questions, reach out to info@darwinex.com.

apalancamiento esma

Upcoming closure of demo investments in DARWINs not present in any live portfolio

Starting today we will gradually close demo investments in those old risk DARWINs that aren’t present in any live portfolio.

Related to the pivot we announced earlier this week, starting today we will gradually close demo investments in old risk DARWINs that aren’t present in any live portfolio. Throughout the coming weeks we will close all demo investments in these DARWINs. Closed investments in old DARWINs won’t be automatically replaced with investments in the new DARWIN. You will need to buy the new version to continue demo investing in the DARWIN again.

To open the investment in the new DARWIN with the same risk/return level you had with the old DARWINs, multiply the old investment amount by 1.54.

CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. -- % of retail investor accounts lose money when trading CFDs with this provider. You should consider whether you understand how CFDs work and whether you can afford to take the high risk of losing your money.