The Council of Ministers approved Royal Decree 815/2023, which was published in the BOE, the decree is part of a series of four Royal Decrees [Royal Decree 813/2023 (eventid=23903), Royal Decree 814/2023 (eventid=23904), Royal Decree 815/2023 (eventid=23905) and Royal Decree 816/2023 (eventid=23906)] to implement the regulatory framework established by Law 6/2023, of 17 March, on Securities Markets and Investment Services (eventid=20323). The focus is on official registers maintained by CNMV, cooperation with other authorities, and supervision of investment service companies.
Royal Decree 815/2023 emphasizes the importance of well-regulated financial markets for economic stability. It acknowledges the potential destructive nature of capital markets and the need for clear and coherent legal frameworks. The CNMV, as the administrative authority overseeing markets, is tasked with ensuring compliance and proper functioning.
The Royal Decree aims to comprehensively develop the supervisory powers granted to the CNMV by Law 6/2023, aligning with legal principles such as legality, transparency, and proportionality. The regulation seeks to streamline and systematize supervisory powers, making them more predictable and coherent.
The Royal Decree details the official registers maintained by the CNMV, covering various aspects of securities markets. It also outlines the cooperation between the CNMV and other NCAs and ESAs. Additionally, it addresses specific regulations for the supervision of investment service companies, partially transposing the IFD.
The Royal Decree is organized into four chapters: General Provisions, Official Registers, Cooperation with Other Authorities, and Specific Provisions on the Supervision of Investment Service Companies. The detailed registers include information on entities, financial documents, and supervisory obligations.
The cooperative relationships with other authorities involve information exchange, cooperation criteria, and situations requiring prior reports. The decree also outlines obligations for disclosure and information dissemination, particularly regarding solvency.