Statement by Mr. Boyko Atanasov, Chairman of the Financial Supervision Commission in the quarterly bulletin of the Association of Banks in Bulgaria


Financial Supervision Commission – committed to sustainable results in digitalisation, green investments and regulatory amendments

Boyko Atanasov

In the context of post-Covid pandemic, the global digitalisation, the European Green deal, the outbreak of military actions in Ukraine, and on the threshold of our accession to the Eurozone, the Financial Supervision Commission  (FSC) continues to work for the continuous stability of the insurance market in Bulgaria, for establishing innovations in the regulation of capital markets, as well as, for complete austerity measures and absolute transparency of the actions and processes of the pension insurance market.
The development trend of the capital market is in the direction of digitalization and creation of conditions for more participants and reduced administrative burden. The positive interconnection between innovation and financial technology has already changed the appearance of the typical consumer behaviour and thinking, and this process has led to new opportunities for the implementation of optimized business models. At the same time, we, the financial sector participants, have the mission to analyse and forecast the potential risks. In this direction precisely, the FSC focuses its activity to balance between the promotion of innovation by the investment companies and the consumers’ protection from the negative aspects that the new online space implies.
In view of achieving results regarding the adopted development strategy, the Financial Supervision Commission went through specific steps such as evolving the financial literacy of the financial services’ consumers and investors, improving the communication process by holding regular meetings with FinTech companies to discuss minimum risks and maximum benefits from technology, promoting development of startup companies by activating the possibilities of the created Innovation Hub, as well as, adapting the new regulatory framework for collective financing. Together with the participants of the non-banking financial sector, we create a sustainable and favourable environment for innovative business with an emphasis on the need for partnership between the national regulator and the business.
Dynamics in technology development and digitalisation play a key role in changing consumer attitudes and growth expectations. The role of the FSC is to provoke the achievement of synchronicity between the regulatory requirements and their implementation in the digital environment, with the ultimate goal being to reduce the administrative burden. Part of the concrete results are the functioning Innovation Hub, the providing of a single point of contact with FinTech companies and the amended regulations for accessibility of small and medium enterprises to the capital markets. The mobile application of the FSC, the establishment of a unified information system for submitting and receiving information from supervised entities in electronic standardized format are in the process of creation.
One of the most important developments in the current situation is the proposal of the European Commission to introduce the European single access point (ESAP), the framework, which would integrate innovations in order to reduce administrative burdens. Its aim is to provide centralised public access to all the necessary information in terms of financial services. The ESAP aims at providing easy, fast and comparable access to data on European companies for the investors, thus facilitating the access to financing of European companies. ESAP is expected to contribute to the further integration of financial services and capital markets within the EU single market and to promote the development of smaller national capital markets and economies by providing greater visibility for them. FSC, in line with the European Commission, will ensure the application of the future legislation and will create conditions for the realization of the ESAP project.
The “Green deal” is another topic of great importance for both FSC and the EU. Environment, social responsibility and transparent governance are already an integral part of the strategic programs of the institutions and regulators in Europe. In accordance with the objectives of the EU, at national level FSC provides support through concrete actions in directing national and European financing sources for more sustainable economy, planning instruments for post-crisis business recoveries and balancing regional development.
I do believe, and I see the concrete results, that the Bulgarian regulator in the non-banking financial sector strategically arranges its actions in supporting the achievement of the "Green Deal" goals. In this line of thinking, all of us, as a society, have the responsibility of focusing on renewable energy, energy efficiency, green buildings, clean transport and products created by the circular economy. Following the adoption of the European Green Deal, FSC's focus will be on financial risks to institutions and the financial system, as well as on sustainability risk (ESG risks).
When it comes to achieving sustainable targets, examples are always important. Green bonds are an appropriate financial instrument for large-scale sustainability projects, by giving access to a stable instrument for financing EU-taxonomy compliant green projects. On the other hand, investors in such bonds will be able to more easily assess and compare the sustainability of their investments, which will reduce risks and strengthen their confidence in the market. The new EUGBS voluntary standard will be open to all EU and non-EU issuers, including corporations, financial institutions and issuers of covered bonds and asset-backed securities, as well as governments and other public authorities.
In this regard, the challenges for the FSC to exercise its supervisory powers over capital market participants in compliance with the requirements set out in the Sustainable Finance Legislation Package, namely the Sustainable Finance Disclosure Regulation (SFDR), the Climate Benchmarks Regulation and the Taxonomy Regulation, are essential.
FSC is also a major participant in the process of creating the National Plan for the Introduction of the Euro in Bulgaria. The vision of FSC for this key process for the Bulgarian economy includes systematization of the necessary measures and actions in connection with the currency conversion of financial instruments. We intend to carry out the necessary monitoring of the expected stages for the adaptation of the clearing and settlement systems to work with the euro.
In the context of the current complicated international situation caused by the war in Ukraine, as well as the sanctions and restrictions imposed by the EU, USA, Canada and UK, upon the Russian Federation, the Russian Central Bank, and on various credit institutions, companies and natural persons, the FSC took prompt measures, whereat it published recommendations and guidelines addressed to the investment, insurance and social insurance sectors, through which it demanded from them to exercise extreme caution and perform intensive risk management policy before start investing in financial instruments issued by issuers connected to the Russian Federation.
The challenges we rise to, provoke our caution and concentration when trying to attain the goals set in order to enhance the consumer protection as well as to encourage the investors in a stable, well-regulated and transparent non-banking financial sector.
Against the background of this worldwide transformation, the FSC commences a new strategic period from 2022 to 2024. The change for the regulatory body includes long-term planning, a strong expert team, as well as decisiveness for developing innovations in the sphere of digitalization and the regulations on capital market development. The whole process will go along with a constructive dialogue which is planned to be conducted with all interested parties in the processes regulated by the FSC.
An important aspect of the development of the Bulgarian capital, insurance and social insurance market relates to the active and effective business communication aimed at developing conceptions and sustainable strategies. The goal we pursue is to provide predictability of our actions and to act impartially when taking decisions concerning the development of Bulgaria.

Portfolio transfer from „Westfälische Provinzial Versicherung Aktiengesellschaft“ to „Provinzial Rheinland Versicherung Aktiengesellschaft


The Financial Supervision Commission (FSC) has been notified by the competent authority of Germany (BaFin) of concluded portfolio transfer from the insurance undertaking „Westfälische Provinzial Versicherung Aktiengesellschaft“ to „Provinzial Rheinland Versicherung Aktiengesellschaft“.
In August 2021 BaFin has notified about the forthcoming portfolio transfer. After the review of the documents the FSC has already informed BaFin of granting its consent for the insurance portfolio transfer.
After the transfer Provinzial Rheinland Versicherung AG will run the portfolio of Westfälische Provinzial Versicherung Aktiengesellschaft“ under the new name – Insurance Company Provinzial Versicherung Aktiengesellschaft.

Portfolio transfer from “Generali Hellas I Insurance Company S.A.“ (previous name AXA Insurance Société Anonyme) to „Generali Hellas Insurance Company S.A“


The Financial Supervision Commission (FSC) has been notified by the competent authority of the Republic of Greece (Bank of Greece) of concluded portfolio transfer from the insurance undertaking “Generali Hellas I Insurance Company S.A.“ (previous name AXA Insurance Société Anonyme) to „Generali Hellas Insurance Company S.A.
In July 2021 Bank of Greece has notified about the forthcoming portfolio transfer. After the review of the documents the FSC has already informed Bank of Greece of granting its consent for the insurance portfolio transfer.
After the transfer „Generali Hellas Insurance Company S.A. will run the portfolio of “Generali Hellas I Insurance Company S.A.“ (previous name AXA Insurance Société Anonyme).

FSC participation in a conference “Bulgaria on the European FinTech Map” aimed at presenting the Annual Report of the Bulgarian FinTech Association


A conference entitled “Bulgaria on the European FinTech Map” presenting the Annual Report of the Bulgarian FinTech Association took place on 23 November 2021. The event was dedicated to the investments in the FinTech sector, as well as to the place our country occupies in both Europe and the world.
The audience became acquainted with the FinTech regulations in the non-banking financial sector by Ms. Neda Muzho acting in her capacity of Head of Department „Supervision of public companies, securities issuers and special purpose investment companies”. The lecturer stressed that the previous year marked by Covid-19 not just changed our perception of reality, but asserted new rules and provided strong incentive to the digital transformation in the non-banking financial sector. Ms. Muzho delineated the key issues in the FinTech area in the period 2021-2025, namely: establishing “strategic autonomy”, ensuring equal opportunities, strengthening supervision on EU level, competition and collision between digital policies. She drew the listeners’ attention to the strategic goals set in relation to the new business model:
  • Financial education;
  • Dialogue in the frame of establishing an ecosystem of relations in the period 2020-2030 which should deal with the subject “FinTech and providing opportunities aimed at fostering firm business models through intelligent regulations”;
  • Cyber security development.
Ms. Muzho completed her report by the following words:
” We are all gathered at the current conference because we took responsibility for the building of a new pillar, which is of main importance, and necessity for sustainable development. Perhaps this would be the most important role assumed by the Financial Supervision Commission, in order to provide long-term financial stability.
Ms. Muzho report is viewable here.
The entire report for 2021 of the Bulgarian FinTech Association is accessible here.

Petar Dzhelepov, Member of the Financial Supervision Commission, took part in the “Annual Report of the Bulgarian Fintech Association”


Mr. Petar Dzhelepov, Member of the Financial Supervision Commission (FSC), took part in the "Annual Report of the Bulgarian Fintech Association" for 2021 with a statement on fintech regulations in the non-banking financial sector in Bulgaria and the regulator’s strategy for monitoring financial innovations. The Report is dedicated to the investments in the sector and the place of our country in Europe, as well as in the world.
As part of the Report Mr. Dzhelepov analyzes and outlines the successful development of the fintech sector in Bulgaria, the high technological progress in the non-banking financial sector, the regulations of these important innovations and digitalizations, the Strategy for monitoring the financial innovations for the period 2021-2024, the introduction of Innovation hub and its further development, as well as the overall future enforcement by the Financial Supervision Commission of the fintech regulations.
One of the main goals of the FSC is the introduction of more innovations in the insurance, investment and pension insurance sector in Bulgaria, and at the same time, to ensure an ultimate protection of consumers’ interests.
 "In order to keep up with the new digital environment and the expectations of both participants and end users, we must constantly assess and, where necessary, adjust the regulatory framework to adequately deal with changed risks and business models. With purpose to ensure and adequately evaluate the new product and business models, we regularly conduct surveys on how innovations work and how innovations are applied and accepted among the supervised by the Commission companies. In addition, the FSC organizes and conducts educational programs aimed at increasing the financial literacy of consumers of financial services. "- said Mr. Dzhelepov.
Furthermore, in response to the digital financing package adopted by the European Commission, the Financial Supervision Commission pursues a consistent innovation policy and adopted a Strategy for Monitoring the Financial Innovation for the period 2021-2024. Based on the previous strategy the document outlines in a long-term plan the direction in which the FSC will commit to develop its supervisory activities and to implement the harmonization of the national regulatory framework and practices in the field of financial innovation at EU level.
 
Mr. Dzhelepov's statement on FinTech regulations in the non-banking financial sector is accessible here.
 
The entire 2021 Report of the Bulgarian FinTech Association is published here.

ESMA’s Statement on Investment Recommendations on Social Media


The European Securities and Markets Authority, the EU’s securities markets regulator, explains the rules that apply in situations where someone, based in or outside the EU, spreads information proposing an investment decision about EU financial instruments (e.g. stocks or bonds), aimed at a broad audience. Spreading information would include sharing an opinion about the present or future price of a particular stock for example. In EU law, this is called an investment recommendation.
What is an investment recommendation? EU law defines an investment recommendation as information recommending or suggesting an investment strategy, explicitly or implicitly, concerning one or several financial instruments or the issuers, including any opinion as to the present or future value or price of such instruments, intended for distribution channels or for the public. Distribution channels can be analyst reports, articles, the traditional media, or even social media. Who should read this Statement? Anyone who recommends investments in some way or form via any platform and anyone who makes investment decisions based on investment recommendations done on any platform. This includes social media.
What is the problem here? The potential to mislead investors. Investment recommendations must be done in a specific – and transparent – way so that investors, before making any investment decision, can know and assess: 1) the credibility of the recommendation – and how objective it is; and 2) any interests of those making the recommendations. This way, everyone is free to express opinions without potentially harming others in the process.
Who produces investment recommendations? Usually, firms like banks and brokers but also financial analysts. However, other individuals who propose an investment strategy could be also thought to produce an investment recommendation when the proposal is intended for wider distribution. That would include posting on social media. On top of that, if one produces investment recommendations frequently, intends to reach a large audience, and presents himor herself as having financial expertise, that may mean that one can be considered to be an expert. In such a case, more disclosures are required by the law.
Where are the rules? The rules are in the EU Market Abuse Regulation. They require those making investment recommendation to disclose identities, present recommendations in an objective way, and disclose all relationships or circumstances that would impair objectivity. For experts, additional rules need to be followed.

The Bulgarian Financial Supervision Commission (FSC) warns potential investors

The Bulgarian Financial Supervision Commission (FSC) warns potential investors that Infinitrade operating via www.infinitrade.com is not licensed to act as investment intermediary and is not not entitled to carry out investment services and/or investment activities on the territory of the Republic of Bulgaria

 

The Financial Supervision Commission (FSC) warns potential investors and the public that Infinitrade operating via www.infinitrade.com and related company A & E Products LTD. have not been granted any licence for acting as investment intermediaries. Therefore, those companies are not entitled to carry out investment services and/or investment activities on the territory of the Republic of Bulgaria; neither they are authorised to receive any funds on their bank accounts for the purpose of investing them in financial instruments.

The FSC warns potential investors that before transferring funds they should always check the FSC’s website to make sure that the company they are dealing with has all permissions for the regulated services and activities.

To find an up-to-date list of companies that are not licensed to perform investment activities please click here

Further, potential investors can check for warnings about possible scams the sites of:

          ESMA https://www.esma.europa.eu/investor-corner/warning-and-publications-investors/, and

          International Organization of Securities Commission (IOSCO) – www.iosco.org/investor_protection/?subsection=investor_alerts_portal.

The Financial Supervision Commission has sent notification about its consent for the insurance portfolio transfer by „Westfälische Provinzial Versicherung Aktiengesellschaft“ to „Provinzial Rheinland Versicherung Aktiengesellschaft“


The Financial Supervision Commission (FSC) has been notified by the competent authority of the Germany of the forthcoming insurance portfolio transfer by „Westfälische Provinzial Versicherung Aktiengesellschaft“ to „Provinzial Rheinland Versicherung Aktiengesellschaft“. After reviewing the documents, the FSC decided to send a letter to the national competent authority of Germany on granting consent for the merger by „Westfälische Provinzial Versicherung Aktiengesellschaft“ to „Provinzial Rheinland Versicherung Aktiengesellschaft“.