Resolution no. 23058

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.fiduciacapitalfx.com website and the page https://client.fiduciacapitalfx.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, 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 website fiduciacapitalfx.com – which is active, available in Italian via automatic translation systems and registered anonymously – to trade contracts on currencies, cryptocurrencies, indices, shares and commodities using a dedicated trading platform;
2. in order to place trading transactions, users must register with the URL https://client.fiduciacapitalfx.com following a procedure that is also available to users connected from Italy and open a trading account; specifically, five different types of accounts are advertised on the website ("Base" (Basic),"Argento" (Silver),"Oro" (Gold), "Platino" (Platinum) and "Diamante") (Diamond) which differ, moreover, according to the required minimum deposit;
3. as to traceability, the website contains references to "Fiducia Capital FX" with its alleged registered office in Brussels;

WHEREAS the activity carried out via the www.fiduciacapitalfx.com website and the page https://client.fiduciacapitalfx.com is to be considered as provision of investment services, as referred to in Article 1, paragraph 5, of the Consolidated Law on Finance, 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 via the www.fiduciacapitalfx.com website and its https://client.fiduciacapitalfx.com page, is still ongoing and is aimed at Italian investors, given that said website is available in Italian via automatic translation systems, attempts to contact Italian investors have been reported and complaints have also been received from Italian investors who have reported that they opened an account on said website and were unable to get back the sums deposited for trading transactions;

WHEREAS the www.fiduciacapitalfx.com website and its page https://client.fiduciacapitalfx.com 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 commercial 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 website www.fiduciacapitalfx.com and the page https://client.fiduciacapitalfx.com, 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.

28 March 2024

THE CHAIRMAN
Paolo Savona