How to comply with the Market Abuse Regulation (MAR) - SALVUS Funds (2024)

6. Prevention and detection of Market Abuse

Obliged entities are required to have in place effective arrangements and systems to prevent and detect insider dealing and market manipulation as well as attempts of them. Such entities can be market operators or investment firms, as well as persons who professionally arrange and execute transactions.

It is highlighted that such arrangements must cover all orders received and transmitted and all transactions executed, including their cancellations and modifications. Any order or transaction presented as suspicious must be reported to the competent authority without any delay.

Moreover, we mentioned in a previously authored article the anticipated European Regulation for the Markets in Crypto-Assets (MiCA) as it has been proposed, will include provisions relating to the prevention and management of market abuse regarding crypto-assets. Thus, Crypto-Asset Services Providers (CASP) will be obliged to establish similar arrangements in this regard.

Final thoughts

In conclusion, the market abuse regime plays a pivotal role in the protection of investors and organisations and consequently ensures the financial markets’ efficiency, transparency, and integrity. Stakeholders of Cyprus Investment Firms (CIF) and other CySEC regulated entities, shall be in a position to prevent, detect, and manage existing and potential market abuse threats which can be achieved through targeted training.

For that purpose, SALVUS Funds in collaboration with the Institute for Professional Excellence (IforPE) has designed a self-study Continuous Professional Development (CPD) course titled Compliance with Market Abuse Regulation suitable for Compliance, AML, and Brokerage Officers, as well as other professionals employed in the investment services industry.

The course is designed to offer professionals all the necessary information regarding the market abuse regulatory framework, answer frequent questions on market abuse matters, outline details relating to market abuse practices, and guide regulated entities for the submission of Suspicious Transactions and Order Reports (STOR) to the regulator.

In addition, the SALVUS Regulatory Compliance team can guide investment firms, funds, Crypto-Asset Services Providers, and other CySEC regulated entities, in achieving compliance with MAR provisions.

Do not hesitate to contact us at info@salvusfunds.com or call us at +357 7000 7898 if you require support about your Market Abuse regulatory obligations or information about our Market Abuse course on IforPE.

#StayAhead

Should you be interested to read more about Anti-Money Laundering, Cyprus Investment Firms or the Markets in Crypto Assets regulation, please visit the selected articles below:

The information provided in this article is for general information purposes only. You should always seek professional advice suitable to your needs.

How to comply with the Market Abuse Regulation (MAR) - SALVUS Funds (2024)

FAQs

Who must comply with market abuse requirements? ›

Under the Market Abuse Regulation, PDMRs are required to notify relevant authorities of any order or transaction undertaken on personal accounts that relate to the issuer or EAMP. This applies to all financial instruments, including, but not limited to, shares, derivatives, and debt instruments.

What is market abuse compliance? ›

MAR requires companies to improve their controls to protect the market from insider dealing, unlawful disclosure of inside information and market manipulation. Besides, companies must take full responsibility on employees training on the law, controls, surveillance, and supervision to avoid market abuse.

What does Market Abuse Regulation only apply to? ›

MAR affects all market participants trading the following financial instruments: Any financial instruments admitted to trading on a regulated market or where a request for admission to trading on a regulated market has been made.

What are the obligations of a mar announcement? ›

The announcement must identify: That the information is inside information; The name of the listed fund; The identity of the person within the listed fund making the notification: name, surname, position within the fund; The subject matter of the inside information; The date and time in which it is taking place ( ...

What are the 7 behaviors that qualify as market abuse? ›

  • 3.1 Insider dealing.
  • 3.2 Unlawful disclosure.
  • 3.3 Misuse of information.
  • 3.4 Manipulating transactions.
  • 3.5. Manipulating devices.
  • 3.7 Distortion and misleading behaviour.
  • 6.1 Swedish bank fined nearly €300,000.
  • 6.2 Imprisonment and a £35,000 fine for insider dealing.
Jan 16, 2024

Which companies does MAR apply to? ›

To whom does MAR apply?
  • companies traded on a regulated market (stock exchange listed companies.
  • companies traded on a multilateral trading facility (MTF) (e.g. First North companies)
  • companies traded on an organised trading facility (OTF)
  • issuers of bonds under certain conditions.

Who can be disciplined for market abuse? ›

The FSMA market abuse regime provides new powers to the Financial Services Authority (FSA) to sanction anyone who engages in 'market abuse', that is misuse of information, misleading practices, and market manipulation, relating to investments traded on prescribed UK markets.

What is the Mar regulation in finance? ›

defined in MAR) – MAR requires that transactions (the definition of “transactions” for these purposes is very broad) undertaken in the issuer's shares, debt instruments, derivatives or other linked financial instruments are disclosed by such persons to: (a) the issuer itself; and (b) the regulator, within 3 business ...

What is caught under market abuse regulations? ›

It incorporates two broad categories of behaviour: market manipulation and insider dealing. Market manipulation occurs when a person distorts or affects qualifying investments or market transactions. This is either by direct intervention or by disseminating information designed to give misleading investment signals.

What are the MAR guidelines on delay in the disclosure of inside information? ›

and as a rule it must be disclosed "as soon as possible" (Art. 17.1 MAR). But the issuer can delay the disclosure of this information in certain cases, in order to avoid harming its legitimate interests, despite its being considered inside information for the purpose of the prohibition against transacting with it.

Who is subject to mar? ›

MAR applies to: issuers of financial instruments on regulated markets (for example, equities or bonds) issuers of MTFs (Multilateral Trading Facilities) issuers of OTFs (Organised Trading Facilities)

Who enforces US market regulations? ›

Key Points. Financial market regulators enforce securities laws to maintain market integrity. The SEC oversees U.S. equity and bond markets; the CFTC regulates derivatives. Both agencies are jostling to regulate cryptocurrency markets.

Who is a closely associated person in market abuse regulation? ›

A 'person closely associated' is broadly the same as a connected person and includes: a spouse or civil partner; children under 18; a relative who has lived in the same household for a year; and a legal person, trust or partnership that is connected.

Top Articles
Latest Posts
Article information

Author: Dr. Pierre Goyette

Last Updated:

Views: 5918

Rating: 5 / 5 (50 voted)

Reviews: 81% of readers found this page helpful

Author information

Name: Dr. Pierre Goyette

Birthday: 1998-01-29

Address: Apt. 611 3357 Yong Plain, West Audra, IL 70053

Phone: +5819954278378

Job: Construction Director

Hobby: Embroidery, Creative writing, Shopping, Driving, Stand-up comedy, Coffee roasting, Scrapbooking

Introduction: My name is Dr. Pierre Goyette, I am a enchanting, powerful, jolly, rich, graceful, colorful, zany person who loves writing and wants to share my knowledge and understanding with you.