Resolution no. 22633

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 website https://fin-eaglestone.net and the respective pages https://account.fin-eaglestone.net and https://web-tbb.com

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 24th February 1998 (“Consolidated Law on Finance”) and subsequent amendments and supplements;

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

1. the website https://fin-eaglestone.net - which is active and also available in Italian - offers potential investors the opportunity to trade CFDs on currencies via a trading platform;
2. in order to place such trades, users must register with the website https://account.fin-eaglestone.net through a procedure that is also available for Italian users, and subsequently open a trading account and deposit the necessary funds: in particular, the homepage advertises the possibility of requesting activation of a “Micro Account”, a “Premium Account” and a “PAMM Account for Fund Managers” (“conto Micro”, “conto Premium”, “conto PAMM per fondo gestori”). After registration, a dashboard is displayed, available in Italian, where users can among other things access a trading platform available in Italian and located at the URL https://web-tbb.com, where it is possible to perform CFD transactions on currencies, indices, shares and commodities;
3. as for the traceability of the site https://fin-eaglestone.net, the “About Us” section makes generic references to the company "Eaglestones Finance", with reported registered office in the United Kingdom;

WHEREAS the activity carried out through the website https://fin-eaglestone.net and the respective pages https://account.fin-eaglestone.net and https://web-tbb.com is deemed to constitute the provision of investment services, as referred to in article 1, paragraph 5, of the Consolidated Law on Finance, insofar as users are offered the possibility, through the aforementioned domains, to open a trading account and place buy and/or sell orders on financial instruments;

WHEREAS the above activity, carried out through the website https://fin-eaglestone.net and the respective pages https://account.fin-eaglestone.net and https://web-tbb.com, is still ongoing and is aimed at Italian investors, insofar as the above domains are available in Italian, reports of cold calling of Italian customers have been received, no mechanism has been found to block registration by users attempting to register with the website from Italy/through Italian IP addresses and complaints have been received from Italian retail investors;

WHEREAS the above domains cannot be attributed to any entity which is authorised to provide investment services to the Italian public, insofar as the company “Eaglestones Finance”, as mentioned on the website, is not listed on 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 fact that, according to the provisions of article 7-octies, letter b) of the Consolidated Law on Finance - “Powers to counteract unauthorised provision of investment services” - Consob “may, with regard to anyone who offers or carries out investment services or activities over the Internet without being qualified to do so pursuant to this decree: […] b) order the cessation of the infringement”;

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 Legislative Decree no. 58/98 carried out through the website https://fin-eaglestone.net and the respective pages https://account.fin-eaglestone.net and https://web- tbb.com, constituted by the offering and provision of investment services and activities to the Italian public.

This Resolution shall be brought to the attention of the all 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 March 2023

THE CHAIRMAN
Paolo Savona