Resolution no. 22908

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 via the website https://fxgmarkets.com and the related page https://my.fxgmarkets.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 https://fxgmarkets.com – which is active, available in Italian and registered anonymously – to trade in derivatives such as Contracts for Difference (CFDs) on currencies, cryptocurrencies, shares, indices and commodities through a trading platform;
2. in order to place such trades, users are required to register and open an account where they can deposit funds; the website lists four types of account known as "Fisso" (Fixed), "Classico" (Classic), "Crudo" (Raw) and "Vip" that differ in terms of the minimum deposit amount and benefits;
3. after registering, users can access the reserved area of the website available at the URL https://my.fxgmarkets.com where, among other things, they can deposit funds and access the trading platform;
4. within the website https://fxgmarkets.com there are generic references to FXGMarkets Investment whose registered office is not indicated.

WHEREAS the activity carried out via the website https://fxgmarkets.com and the related page https://my.fxgmarkets.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 opportunity through the aforementioned domains to open a trading account and place orders to buy and/or sell financial instruments;

WHEREAS the above described activity, carried out via the https://fxgmarkets.com website and its https://my.fxgmarkets.com page, is still ongoing and is aimed at Italian investors, given that the aforesaid domains are available in Italian and there have been reports of cold calls being made to retail investors in Italy regarding the initiatives offered via the https://fxgmarkets.com website. Furthermore, complaints have been received from Italian retail investors who complained about not being able to obtain a refund of the capital deposited to trade via the website https://fxgmarkets.com and it was ascertained that there are no mechanisms aimed at preventing registration by users who attempt to register with the website https://fxgmarkets.com from Italy through Italian IP addresses;

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

HAVING REGARD TO the requirement to hold a relevant licence 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 article 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 breach";

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 https://fxgmarkets.com website and its page https://my.fxgmarkets.com, consisting in the offering and provision of investment services and activities to the Italian public.

This Resolution shall 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.

29 November 2023

THE CHAIRMAN
Paolo Savona