30th June 2016

Brexit, What next for MiFID?

The Markets in Financial Instruments Directive (MIFID) was an EU regulation initiative that aimed for harmonisation of financial services regulation in Europe’s 31 member states. 

The intention was to see increased competition and more consumer protection. 

MiFID 1 in EU directive 2004/39/EC was the first step and in April 2014 MiFID 2 was approved that tidied up the original MIFID thinking and by January 2018 MiFID 2 and MiFIR (Markets in Financial Investments Regulation) will take effect.

MiFIR/MiFID II had the potential to boost transparency and increase investor protection and readying the member states for implementation was likely to be a very painful process and no allowance for any transitional stage will make the deadline even harder to meet.

And what about the massive MiFID costs already incurred and about to be incurred by the UK? So far:

  • One-off compliance costs for the UK were estimated to be up to £188 million
  • Ongoing costs from 2017 are estimated to be  between £79.8-£150.4 million
  • The UK will/ would have bear 36% of the estimated total cost of Mifid II
  • Total transition cost estimate is £194.8 million
  • Average annual cost, excluding transition: £112.5 million

*Source: HM Treasury Impact Assessment 

Now we have voted to leave the EU, where does the UK go on implementation, almost two years on from when article 50 to leave will have been implemented?

Where does the EU go as the UK market is amongst the biggest of global financial players?

Time for some guidance from the FCA and HM Treasury I think? 

Especially as the Stock Exchange is about to be acquired by the ‘Germans’…..or will it now?

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Comments (3)

"Guidance" from the FCA and the Treasury? Based on past performance, is that an oxymoron?

Richard Brown   05/07/2016   09:17
I think from a practical persepctive that UK banks and other financial institutions will have to make sure that we at least comply with EU requirements otherwise we will not qualify as 3rd country equivalents in the eyes of the EU, and trade will be restricted. Additionally, any selling of our products in the EU that do not reach the standards of MiFID or any other legislation in the future will be banned for sale.
Brexit has left us with not only having to keep one eye on the EU for their changes, but to monitor the rest of the world again for any changes there too. Leaving the EU has now amplified compliance costs across the board.
Cost of compliance? Get your calculators out.
Lee Werrell
Compliance Consultant
complianceconsultant.org

Lee Werrell   05/07/2016   09:25
"...keep one eye on the EU for their changes, but to monitor the rest of the world again for any changes there too." - How is that any different from it we had voted remain? We'd have had to keep an eye on the rest of the World anyway AND we'd have to keep an eye on the EU. The only difference is that we'll have less influence (not no) on the decisions the EU makes.

If we handle it properly, the EU isn't going to turn its back on the huge trade surplus it makes with GB and that's our trump card.

Richard Brown   05/07/2016   09:33

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