Resolution no. 22880

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 committed via the https://bullbit.net website and its page https://trade.bullbit.net

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, as subsequently amended and supplemented;

HAVING REGARD to Legislative Decree no. 58 of 24 February 1998 ("Consolidated Law on Finance"), as subsequently amended and supplemented;

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

1. potential investors are offered the opportunity, through the https://bullbit.net website – which is active, available in Italian and registered anonymously – to trade contracts on currencies and cryptocurrencies, shares and indices using a dedicated trading platform;
2. in order to place trades users must register with the https://bullbit.net website through a process that is also available to users connecting from Italy and open a trading account, by filling in the form available at the URL https://trade.bullbit.net which can be accessed via the "open account" link on the aforementioned website; in this regard, four types of account are available on the website ("Basic", "Standard", "VIP" and "Prime") that differ, among other things, based on the required minimum deposit;
3. as regards traceability, there are references on the website to "Bullbit", with alleged registered office in the United Kingdom;

WHEREAS the activity carried out via the https://bullbit.net website and its page https://trade.bullbit.net is to be considered as provision of investment services, as referred to in Article 1, paragraph 5, of the Consolidated Law on Finance, insofar as users are offered the opportunity, through the aforementioned domains, to open a trading account and place orders to buy and/or sell financial instruments;

WHEREAS the above activity, carried out through the https://bullbit.net website and its https://trade.bullbit.net page, is still ongoing and is aimed at Italian investors, given that said website is available in Italian, the absence of a mechanism to block registration by users attempting to register with the said website from Italy/through Italian IP addresses has been noted, attempts to contact Italian investors have been reported and complaints have also been received from Italian investors who have reported that they were unable to retrieve the sums deposited for trading transactions;

WHEREAS the https://bullbit.net website and its https://trade.bullbit.net page may not be attributed to any entity authorised to provide investment services to the Italian public;

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 activities in question qualify as the professional provision of investment services to the Italian public, in breach of Article 18, paragraph 1 of the Consolidated Law on Finance;

HAVING REGARD to the provisions of Article 7-octies, letter b) of the Consolidated Law on Finance - "Powers to counteract unauthorised provision of investment services" - pursuant to which 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 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 breach of Article 18 of Legislative Decree no. 58/98 conducted via the https://bullbit.net website and its page https://trade.bullbit.net, consisting in offering and providing 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.

8 November 2023

THE CHAIRMAN
Paolo Savona