Resolution no. 21907

Order, pursuant to article 7-octies, paragraph 1, letter b) of Legislative Decree no. 58/1998 ("Consolidated Law on Finance") to cease the infringement of article 18 of the Consolidated Law on Finance carried out through the www.allfinancialtrading.com website and relative https://webtrader.allfinancialtrading.com page

LA COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA
[THE NATIONAL COMMISSION FOR COMPANIES AND THE STOCK EXCHANGE]

HAVING REGARD TO Law no. 216 of 7 June 1974 and subsequent amendments and supplements;

HAVING REGARD TO Legislative Decree no. 58 of 24 February 1998 ("Consolidated Law on Finance") and subsequent amendments and supplements;

HAVING ESTABLISHED that, from checks on the website, it emerged that:

i. the www.allfinancialtrading.com website is active and also available in Italian;

ii. potential investors are offered the opportunity, through the website www.allfinancialtrading.com, subject to prior opening of an account via the registration process which is also available to Italian users, to trade financial instruments such as derivatives contracts (CFDs) on currencies using the trading platform provided therein;

iii. after registration, customers may log into the reserved area of the website at https://webtrader.allfinancialtrading.com, where, inter alia, it is possible to deposit funds on the chosen tradingaccount;

iv. regarding the traceability of the website www.allfinancialtrading.com , the contractual document entitled "Terms and Conditions" states that "All Financial Trading is operated by UAB BENSELA. A company incorporated under the laws of LITHUANIA";

WHEREAS the activity carried out through the www.allfinancialtrading.com website can be classed as the provision of investment services as referred to in article 1, paragraph 5, of the Consolidated Law on Finance, insofar as clients are offered the opportunity of opening a trading account against which purchase and/or sale orders for financial instruments can be issued;

WHEREAS the aforementioned activity, conducted through the website www.allfinancialtrading.com and the relevant page https://webtrader.allfinancialtrading.com, is still ongoing and is aimed at Italian investors, insofar as the website is available in Italian and there have been reports of cold calling towards retail investors in Italy;

WHEREAS the company UAB Bensela, with registered office in Lithuania, as mentioned on the website www.allfinancialtrading.com, is not authorised to provide investment services to the Italian public, insofar as it is not listed in the register maintained by Consob pursuant to article 20 of the Consolidated Law on Finance;

HAVING REGARD TO the fact that the provision of investment services and activities is reserved to licensed parties as referred to under article 18, paragraph 1, of the Consolidated Law on Finance, pursuant to which, "The professional provision of investment services and activities to the public is reserved to Italian Investment firms, EU investment firms, Italian banks, EU banks and non-EU firms";

HAVING ESTABLISHED, therefore, that the operations in question qualify as the professional provision of investment services to the Italian public, in infringement of art. 18, paragraph 1, of the Consolidated Law on Finance;

HAVING REGARD TO the provisions of art. 7-octies, letter b) of the Consolidated Law on Finance - "Powers to counteract abuse" - pursuant to which Consob "may, with regard to anyone who offers or carries out investment services or activities through the Internet without being qualified pursuant to this decree: […] b) order that the infringement cease";

CONSIDERING it therefore necessary, in the light of the foregoing, to adopt this Resolution immediately for reasons of urgency;

RESOLVES:

to order the cessation of the infringement of article 18 of the Consolidated Law on Finance carried out through the website www.allfinancialtrading.com and the relevant page https://webtrader.allfinancialtrading.com, which constitute the provision of investment services and activities to the Italian public.

This Resolution shall be brought to the attention of the concerned parties and published in the Consob Bulletin.

This measure may be appealed before the Regional Administrative Court of Lazio within 60 days of the date of service.

17 June 2021

THE CHAIRMAN
Paolo Savona