Resolution n. 21011

Order, pursuant to Article 7-octies, paragraph 1, letter b) of Legislative Decree no. 58/1998 (‘Consolidated Law on Finance') to discontinue the infringement of Art. 18 of the Consolidated Law on Finance performed via the www.sigmafortrade.com website

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 additions;

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

HAVING ESTABLISHED that, from checks on the www.sigmafortrade.com website, it emerged that:

i. the www.sigmafortrade.com website is also available in Italian;

ii.on the website www.sigmafortrade.com the potential investor is offered, after opening an account through the registration procedure, also available to the Italian user, the possibility to trade on CFDs relating to currencies, indices, crypto currencies and commodities;

iii. in order to perform the trading transactions, a investment of money is required, to be paid into an account opened online; in particular, there are five types of account available, named, according to the minimum deposit required and the promised benefits, ‘Mini', ‘Standard', ‘Gold' and ‘Platinum';

iv. The Terms and Conditions state that "Sigma4Trade is owned and operated by Sigma4Trade Ltd", allegedly based in the Marshall Islands;

HAVING CONSIDERED that the activity carried out via the said website can be classed as the provision of investment services as referred to in Art. 1, para. 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;

HAVING CONSIDERED that the aforementioned operations performed via the www.sigmafortrade.com, website are still ongoing and are directed towards Italian investors, insofar the website is available in Italian and contact with Italian customers by parties operating on behalf of the aforementioned website through telephone solicitations has been reported (So-called cold calling);

HAVING CONSIDERED that the company mentioned on the said website is not authorised to provide investment services to the Italian public, insofar as it is not registered on the dedicated register held by CONSOB pursuant to Art. 20 of the Consolidated Law on Finance;

HAVING REGARD TO the fact that the provision of investment services and activities is reserved for authorised entities as referred to under Art. 18, para. 1, of the Consolidated Law on Finance, pursuant to which, ‘The professional provision of investment services and activities for the public is reserved for investment firms and banks';

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

HAVING CONSIDERED that, according to Art. 7-Octies,octies, letter b), of the Consolidated Law on Finance - "Powers to counteract abuse" - CONSOB "may, with regard to anyone who offers or performs investment services or activities through the Internet without due authorisation pursuant to this decree: […] (b) order that the infringement be brought to an end;

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

To order the cessation of the infringement of art .18 of Legislative Decree no. 58/1998 also performed via the www.sigmafortrade.com website, consisting of the provision of investment services and activities to the Italian public.

This Resolution shall be brought to the attention of those whom it concerns and will be 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.

23 July 2019

THE CHAIRMAN
Paolo Savona