Resolution no. 22030

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 www.finomarkets.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 24 February 1998 ("Consolidated Law on Finance") and subsequent amendments and supplements;

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

i. the website www.finomarkets.com, which is active, registered anonymously and also available in Italian, offers potential investors the opportunity to trade CFDs on currencies;

ii. in order to place such trades, users must register with the www.finomarkets.com website – through a procedure that is also available for Italian users – open a trading account and deposit relevant funds;

iii. in particular, the www.finomarkets.com website lists three types of account, referred to as "Silver", "Gold" and "Platinum", depending on the minimum deposit required and the benefits offered;

iv. with regard to traceability, the "Terms and Conditions" section of the www.finomarkets.com website states that the contractual counterparty of any user registering with the above domain and opening a trading account on it, is "FinoMarkets", with its alleged registered address in London;

WHEREAS the activity carried out through the website www.finomarkets.com constitutes the provision of investment services within the meaning of article 1, paragraph 5, of the Consolidated Law on Finance, given that users are offered the opportunity to open a trading account and place buy and/or sell orders on financial instruments;

WHEREAS the above activity, carried out through the www.finomarkets.com website, is still ongoing and is aimed at Italian investors, given that the www.finomarkets.com website is also available in Italian;

WHEREAS "FinoMarkets", with its alleged registered office in London, as mentioned on the www.finomarkets.com website, is not authorised to provide investment services to the Italian public, since it is not listed in the register maintained by Consob pursuant to article 20 of the Consolidated Law on Finance;

HAVING REGARD TO the requirement to hold a relevant authorisation to provide investment services and activities as per 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 abusive practices" - 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 www.finomarkets.com, which constitutes 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.

6 October 2021

THE CHAIRMAN
Paolo Savona