Events listed in [FSMA] Financial Services and Markets Authority
The assessment of knowledge and competence as regards investment services
ID 22794
The FSMA published its Assessment of knowledge and competence as regards investment services (FSMA_2023_08), which discusses the ESMA Guidelines for the assessment of knowledge and competence (ESMA/2015/1886) of individuals providing investment advice for regulated firms, as well as their implementation by the FSMA. The aforementioned ESMA guidelines cover the evaluation of knowledge and competencies of individuals who provide investment advice or information on financial ...
New circular on the notification procedure for UCITS of another Member State of the ...
ID 22592
The FSMA published Circluar FSMA_2023_07 on the Notification procedure for undertakings for collective investment governed by the law of another Member State of the European Economic Area and fulfilling the conditions of Directive 2009/65/EC, aiming to provide a comprehensive overview of the regulatory framework and procedures for marketing units of foreign law governed UCITS in Belgium. The basis for Belgian legislation on UCITS is ...
Classification of fractional investments as investment instruments
ID 22587
FSMA issued a communication on the classification of fractional investments as investment instruments. The communication discusses the rise of online investment firms known as „neo-brokers“ that operate exclusively through websites and apps, often offering fractional investing in multiple EU countries under the MiFID Directive. **Fractional investing allows investors to determine the amount they wish to invest in a share, making expensive shares more accessible .. ...
Virtual currencies: the FSMA steps up its action to protect consumers
ID 22385
The FSMA issued a press release, informing it has taken steps to protect consumers by implementing new rules governing advertisements for virtual currencies. Indeed, the FSMA requested and obtained from the government a new legal competence empowering it to regulate advertising relating to virtual currencies by means of a royal decree. This [**Royal decree of 5 January 2023 approving the regulation of the Financial ...
The FSMA’s treatment of whistleblower reports
ID 21910
The FSMA published Circular FSMA_2023_03, which informs about the rules of procedure towards receipt & treatment by FSMA concerning whistleblowing reports and also clarifies identity protection measures, along an updated FAQ on the Whistleblowers’ point of contact. The present circular implements Article 14, §5 of the Law of 28 November 2022 (Whistleblower Act) on the protection of whistleblowers reporting infringements of European or national ...
Consultation on a guide to information notes
ID 21679
On 1 February 2023, the Financial Services and Markets Authority (FSMA) started a consultation on the guide it prepared to the content and publication of information notes relating to the offer of investment instruments. Unlike a prospectus, an information note is not subject to ex ante supervision by the FSMA. Given the limited size of the operations for which an information note has to ...
Q&A about the entry into force of the Delegated Regulation supplementing the ...
ID 21654
On 31 January 2023, the Financial Services and Markets Authority (FSMA) published a set of frequently asked questions (FAQs) (only in French and Dutch) on the entry into force of Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022 (the Sustainable Finance Disclosure Regulation Regulatory Technical Standards – SFDR RTS), which supplements the Sustainable Finance Disclosure Regulation (SFDR) with regulatory technical standards which entered ...