The MiFID II Migraine

I haven’t yet fully digested the 196-page proposal for the second draft of Markets in Financial Instruments Directive (MiFID II) or the lighter 60-page proposal on the Markets in Financial Instruments Regulation (MiFIR) that was published by the European Commission on Oct. 20, but I’ve skimmed them. Based on what I have read, I would definitely be long in Bayer and other aspirin manufactures.
The industry is in for a multi-year migraine as it prepares for and ultimately complies with the new regulations. Unlike Mifid, which took effect in 2007, Mifir will share its love across every desk at an investment bank.
So, shooting from the hip, I'll rate a few of Mifid II’s major components, from zero aspirins for no pain, to 10 aspirins for "Please leave me in a quiet, dark room and make the world go away.”
Regulating algorithmic equities traders: 5 aspirins
Compared to other business lines in the bank, I feel that the equities desks are probably getting off the lightest under the new regulation. The European Commission would rather pursue high-frequency trading "in terms of robust risk management and operational safeguards.” To start, global banks can leverage their experience with the 15c3-5 pre-trade risk rule from the US Securities and Exchange Commission (SEC), which is set to go live next month.
These days, when I hear regulators discussing risk management, they seem to take a holistic view of a client's risk exposure across all asset classes, rather than simply by instrument type. Delivering this capability in real-time across the enterprise would definitely be worth another five aspirins.
Creating a consolidated trade data feed: 3 aspirins
From a technology perspective, all the components are there to create a consolidated post-trade feed. It's just an issue of having the exchanges and market data aggregators rowing in the same direction.
Establishing non-equities organized trading facilities (OTFs): 7 aspirins
Creating a matching platform for relatively illiquid markets is a technological no-brainer for banks that already operate dark liquidity pools and multilateral trading facilities (MTFs). Nevertheless, as Dodd–Frank has shown in the US, the major issue will be tweaking or replacing the various over-the-counter (OTC) trading and management systems that never had to do the same level of regulatory reporting as equities trading systems did.
Increasing investor protection for complex financial and structured instruments: 10 aspirins
Why is it that all the simple-sounding projects wind up causing firms to build new systems from scratch, essentially re-inventing the wheel? I have a feeling this proposal will make banks think back to the good old days when they were developing their best-execution policies and classifying their clients into the proper investor profile. I have no idea how firms will determine how new and bespoke products are appropriate for their various institutional clients. I cannot envision the regulators tackling this in a prescriptive fashion, which means firms might be left to creating their own internal processes that will need to hold up to regulatory scrutiny.
Don’t get me wrong; I appreciate the Commission's goal of ensuring a level playing field, transparent market and improving investor safeguards. They are noble, but they ensure a larger percentage of IT budgets will go toward meeting regulations rather than innovating in the markets.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@waterstechnology.com or view our subscription options here: https://subscriptions.waterstechnology.com/subscribe
You are currently unable to print this content. Please contact info@waterstechnology.com to find out more.
You are currently unable to copy this content. Please contact info@waterstechnology.com to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@waterstechnology.com
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@waterstechnology.com
More on Regulation
The great disappearing internet—and what it could mean for your LLM
AI-generated content, bots, disinfo, ads, and censorship are killing the internet. As more of life continues to happen online, we might consider whether we’re building castles atop a rotting foundation.
AI’s next gig: The rising cost of off-channel communications compliance
As the cost of analyzing communications increases, what tools can firms deploy to save time and money while avoiding penalties?
CAT on life support after appeals court ruling
Ahead of a comprehensive review promised by the SEC, lawyers believe that the recent overturn of the Consolidated Audit Trail’s funding order could herald its demise.
Euroclear readies upgrade to settlement efficiency platform
Euroclear, Taskize, and Meritsoft are working together to deliver real-time insights and resolution capabilities to users settling with any of Euroclear’s CSDs.
Messaging’s chameleon: The changing faces and use cases of ISO 20022
The standard is being enhanced beyond its core payments messaging function to be adopted for new business needs.
TT partners Thoma Bravo, Fitch launches GenAI solution, AI infrastructure woes, and more
The Waters Cooler: EquiLend acquires Trading Apps, Ultumus and BMLL partner for ETF data and analytics, and more in this week’s roundup.
CAT funding plan struck down by US appeals court
The 11th Circuit court ruled that the SEC had not established a sufficient precedent to pass the costs of the Consolidated Audit Trail on to broker-dealers.
T+1 for Europe: Crying wolf or real concerns?
Brown Brothers Harriman’s Adrian Whelan asks how prepared the investment industry is for the changes ahead, and if concerns about its implementation are justified.