On April 26, 2023, the Polish Financial Supervision Authority (KNF) published a press release to inform that Everest Investment Management SA, a brokerage house which was recently fined for violating several articles under the Investment Firms Regulation (Regulation (EU) 2019/2033) and the Act of July 25, 2005 on trading in financial instruments (or simply Act on Trading in Financial Instruments), has filed an application to have its case reconsidered by the KNF.
To recall, on March 24, 2023, the company was fined a total of PLN 100,000 for:
1. failing to meet own funds requirements from December 10, 2021 to June 8, 2022 pursuant to articles 9 and 11 of the Investment Firms Regulations, a requirement that is of key importance for conducting business as an investment firm; and
2. failing to meet certain employment obligations from July 1, 2021 to May 16, 2022 and from July 1, 2021 to November 14, 2022 pursuant to articles 83 and 82a of the Act on Trading in Financial Instruments, respectively. The violation thereby concern a failure to employ „two investment advisors to manage portfolios consisting of one or more financial instruments“ and a failure to ensure an adequate level of professional competence by financial advisers.
Due to the application for reconsideration, the decision of the fine is not final yet.
