139

result(s)

Word(s)
Publication type
Policy area
Author
Keyword
Date

Mis-selling of Financial Products: Subordinated Debt and Self-placement

13-06-2018

This paper forms part of a series of five studies on mis-selling of financial products in the EU. The focus of this document is mis-selling of subordinated debt and other junior liabilities and weaknesses of MiFID. This report concludes that the mis-selling, essentially through self-placement, was due to violations of MiFID rules rather than weaknesses of the legislative scheme. The report includes proposals to strengthen the legislation and to provide compensation for retail investors. This document ...

This paper forms part of a series of five studies on mis-selling of financial products in the EU. The focus of this document is mis-selling of subordinated debt and other junior liabilities and weaknesses of MiFID. This report concludes that the mis-selling, essentially through self-placement, was due to violations of MiFID rules rather than weaknesses of the legislative scheme. The report includes proposals to strengthen the legislation and to provide compensation for retail investors. This document was provided by Policy Department A at the request of the ECON Committee.

Mis-selling of Financial Products: Consumer Credit

13-06-2018

This paper is part of a series of five studies on mis-selling of financial products in the EU. Retail financial markets across the EU have been upset by large-scale mis-selling of financial products to consumers. As part of a series of five studies on this topic, this paper examines the problem of mis-selling with a particular focus on consumer credit. It identifies the most problematic products and practices in consumer credit markets that may cause consumer detriment and shows some important limitations ...

This paper is part of a series of five studies on mis-selling of financial products in the EU. Retail financial markets across the EU have been upset by large-scale mis-selling of financial products to consumers. As part of a series of five studies on this topic, this paper examines the problem of mis-selling with a particular focus on consumer credit. It identifies the most problematic products and practices in consumer credit markets that may cause consumer detriment and shows some important limitations of the current EU regulatory framework for consumer credit in providing adequate consumer protection. This document was provided by Policy Department A at the request of the ECON Committee.

External author

Prof.dr. O. O. CHEREDNYCHENKO, J.-M. MEINDERSTMA

Mis-selling of Financial Products: Mortgage Credit

13-06-2018

This paper forms part of a series of five studies on mis-selling of financial products in the EU. The mis-selling of mortgage loans that include floor clauses, foreign currencies (forex) clauses and related products is the subject of this research. We analyse the context, the handling of the problem in the most affected Member States (Croatia, Hungary, Poland, Romania and Spain) and its compatibility with EU law. We conclude with recommendations. This document was provided by Policy Department A ...

This paper forms part of a series of five studies on mis-selling of financial products in the EU. The mis-selling of mortgage loans that include floor clauses, foreign currencies (forex) clauses and related products is the subject of this research. We analyse the context, the handling of the problem in the most affected Member States (Croatia, Hungary, Poland, Romania and Spain) and its compatibility with EU law. We conclude with recommendations. This document was provided by Policy Department A at the request of the ECON Committee.

External author

Fernando ZUNZUNEGUI

Mis-selling of Financial Products: Marketing, Sale and Distribution

13-06-2018

This study forms part of a series of five studies on mis-selling of financial products in the EU. The study reviews the EU legislative and regulatory framework for the marketing, sale and distribution of financial products to assess whether post-crisis EU regulatory reforms have met their objectives and, if not, what are the gaps and weaknesses in the current EU regulatory approach. The EU follows a sectoral approach to regulating the marketing and sale of financial products, which results in segmentation ...

This study forms part of a series of five studies on mis-selling of financial products in the EU. The study reviews the EU legislative and regulatory framework for the marketing, sale and distribution of financial products to assess whether post-crisis EU regulatory reforms have met their objectives and, if not, what are the gaps and weaknesses in the current EU regulatory approach. The EU follows a sectoral approach to regulating the marketing and sale of financial products, which results in segmentation and arbitrage risks. The paper argues that the European Supervisory Authorities should adopt more harmonised regulatory and technical standards to reduce these risks and ensure more effective enforcement by Member State authorities. This document was provided by Policy Department A at the request of the ECON Committee.

Mis-selling of Financial Products: Compensation of Investors in Belgium

13-06-2018

This paper is part of a series of five studies on mis-selling of financial products in the EU. The paper analyses three important and highly publicised cases of mis-selling of investment products to retail clients, featuring interesting legal particularities: the Citibank case, the Dexia case and the Fortis case. On the basis of this analysis, the paper draws a number of conclusions on the national and EU regulatory framework in respect of investor compensation. This document was provided by Policy ...

This paper is part of a series of five studies on mis-selling of financial products in the EU. The paper analyses three important and highly publicised cases of mis-selling of investment products to retail clients, featuring interesting legal particularities: the Citibank case, the Dexia case and the Fortis case. On the basis of this analysis, the paper draws a number of conclusions on the national and EU regulatory framework in respect of investor compensation. This document was provided by Policy Department A at the request of the ECON Committee.

External author

Prof. Dr. Veerle COLAERT, Drs. Thomas INCALZA

Studies in Focus: Mis-selling of Financial Products

14-09-2018

This note, prepared by Policy Department A for the Committee on Economic and Monetary Affairs, gives an overview of five studies on Mis-selling of financial products which were published in June 2018.

This note, prepared by Policy Department A for the Committee on Economic and Monetary Affairs, gives an overview of five studies on Mis-selling of financial products which were published in June 2018.

Should the Marketing of Subordinated Debt Be Restricted/Different in One Way or the Other? What to Do in the Case of Mis-Selling?

17-03-2016

An important prerequisite for the efficiency of bail-in as a regulatory tool is that debt holders are able to bear the cost of a bail-in. Examining European banks’ subordinated debt we caution that households may be investors in bail-in able bonds. Since households do not fulfil the aforementioned prerequisite, we argue that European bank supervisors need to ensure that banks’ bail-in bonds are held by sophisticated investors. Existing EU market regulation insufficiently addresses mis-selling of ...

An important prerequisite for the efficiency of bail-in as a regulatory tool is that debt holders are able to bear the cost of a bail-in. Examining European banks’ subordinated debt we caution that households may be investors in bail-in able bonds. Since households do not fulfil the aforementioned prerequisite, we argue that European bank supervisors need to ensure that banks’ bail-in bonds are held by sophisticated investors. Existing EU market regulation insufficiently addresses mis-selling of bail-in instruments.

External author

Martin R. Götz and Tobias H. Tröger

Consumer Protection Aspects of Financial Services

10-02-2014

Inadequate consumer protection, especially in the U.S. mortgage market, not only led to considerable consumer detriment but was a major contributor to the global financial crisis. In the EU, mis-selling of financial products has also resulted in significant consumer harm. Considering the significant potential detriment that financial services can cause to individual consumers and to the Single Market, consumer protection policy needs to properly focus on this area. Improved transparency and better ...

Inadequate consumer protection, especially in the U.S. mortgage market, not only led to considerable consumer detriment but was a major contributor to the global financial crisis. In the EU, mis-selling of financial products has also resulted in significant consumer harm. Considering the significant potential detriment that financial services can cause to individual consumers and to the Single Market, consumer protection policy needs to properly focus on this area. Improved transparency and better informed transactions resulting from such policy will lead to better solutions for consumers and greater market efficiency. A number of recommendations to strengthen consumer protection in the area of financial services are put forward in this study.

External author

Patrice Muller, Shaan Devnani, Richard Heys and James Suter (London Economics)

Should the Marketing of Subordinated Debt Be Restricted/Different in One Way or the Other? What to Do in the Case of Mis-Selling?

17-03-2016

This note provides a primer on subordinated bonds, covering a number of key concepts and definitions. The role of subordinated bonds as a source of bank regulatory capital (“Tier 2 capital”) is also discussed. Empirical data are presented, showing that Tier 2 capital accounts for 16.2% of total regulatory capital (or 2.7 percentage points in terms of risk-weighted assets). Based on national statistics and anecdotal evidence, it can be inferred that a significant share of Tier 2 issues is held by ...

This note provides a primer on subordinated bonds, covering a number of key concepts and definitions. The role of subordinated bonds as a source of bank regulatory capital (“Tier 2 capital”) is also discussed. Empirical data are presented, showing that Tier 2 capital accounts for 16.2% of total regulatory capital (or 2.7 percentage points in terms of risk-weighted assets). Based on national statistics and anecdotal evidence, it can be inferred that a significant share of Tier 2 issues is held by retail investors. We then look at how recent rules on bank bailout and resolution (including the Bank Recovery and Resolution Directive) have changed the risk attached to subordinated bonds and to other bank liabilities that rank senior to them. Key rules on the placement of subordinated bonds to retail clients are also briefly surveyed, highlighting how MiFID II will change the regulatory landscape since 2018, by imposing additional requirements on appropriateness, product governance and conflicts of interest, and by giving supervisors the power to impose extraordinary bans on unsuitable financial products. In the last part of this note we argue that, rather than prohibiting the sale of subordinated debt to small investors, supervisors should tackle the risk originating from self-placement practices through a thorough and uniform implementation of MiFID (and MiFID II) provisions. Competent authorities may e.g. require banks to: i) set maximum concentration limits in their customers’ portfolios; ii) develop adequate pricing procedures; iii) to ensure that remuneration schemes do not lead to improper selling practices.

External author

Andrea Resti

Should the Marketing of Subordinated Debt Be Restricted/Different in One Way or the Other? What to Do in the Case of Mis-Selling?

18-03-2016

Bail-in can potentially lead to enhanced market discipline and lower use of public finances only if its application is credible and stringent. This requires that the holders of bail-in able debt have the capacity of absorbing losses but also that the application of bail-in does is consistent with financial stability. Sophisticated investors have typically a larger financial capacity than unsophisticated investors but they are also more reactive to information and/or imposition of losses and are therefore ...

Bail-in can potentially lead to enhanced market discipline and lower use of public finances only if its application is credible and stringent. This requires that the holders of bail-in able debt have the capacity of absorbing losses but also that the application of bail-in does is consistent with financial stability. Sophisticated investors have typically a larger financial capacity than unsophisticated investors but they are also more reactive to information and/or imposition of losses and are therefore more likely to generate runs and systemic risk. In contrast, retail investors are slower movers and as such they constitute a more stable source of funding. As a result, we do not advocate the ban of the sale of subordinated debt to retail investors. Rather, it is crucial that the rules concerning the marketing of these products are appropriately designed and their implementation is supervised by competent authorities.

External author

Elena Carletti and Donato Masciandaro

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