Информация относно публикуване в Официален вестник на Европейския съюз на Делегиран регламент (ЕС) 2016/301 на Комисията

Комисията за финансов надзор (КФН) уведомява инвестиционната общност, че на 04.03.2016 г. в Официален вестник на Европейския съюз беше публикуван Делегиран регламент (ЕС) 2016/301 на Комисията от 30 ноември 2015 година за допълване на Директива 2003/71/ЕО на Европейския парламент и на Съвета по отношение на регулаторните технически стандарти за одобряването и публикуването на проспекта и разпространението на реклами (Директива 2003/71/ЕО), както и за изменение на Регламент (ЕО) № 809/2004 на Комисията (Делегиран регламент (ЕС) 2016/301).
За да се осигури последователното хармонизиране и да се отчете техническото развитие на финансовите пазари, както и с цел да се предостави по-голяма сигурност в процеса на одобрение, публикуване и разпространение на информация относно предлагането или допускането до търгуване, с Делегиран регламент (ЕС) 2016/301 се определят регулаторните технически стандарти, с които се доуточняват:

1. разпоредбите за одобрение на проспектите, посочени в член 13 от Директива 2003/71/ЕО;
2. разпоредбите за публикуване на проспектите, посочени в член 14, параграфи 1—4 от Директива 2003/71/ЕО;
3. разпространението на рекламите, посочени в член 15 от Директива 2003/71/ЕО.
4. съгласуваността между оповестената информация относно публичното предлагане или допускането до търгуване на регулиран пазар, от една страна, и информацията, която се съдържа в проспекта, от друга страна, както е предвидено в член 15, параграф 4 от Директива 2003/71/ЕО.

Делегиран регламент (ЕС) 2016/301 влиза в сила на двадесетия ден след деня на публикуването му в Официален вестник на Европейския съюз, а именно – на 24.03.2016 г.

Регламентът е достъпен на следния интернет адрес:
http://eur-lex.europa.eu/legal-content/BG/TXT/?uri=uriserv:OJ.L_.2016.058.01.0013.01.BUL&toc=OJ:L:2016:058:TOC

Бойко Атанасов – Председателят на КФН – един от 30-те лидери с визия в България според сп.Икономика

    По повод 30 годишнината на списание „Икономика“, бяха избрани 30 доказали се лидери, които с визия за следващите 30 години очертават посоката за развитие в секторите, в които работят.
    Има лидери, който уверено водят и проявяват решителност. Има ръководители, за които работата е кауза. Има мениджъри визионери, които знаят къде е синхронът между стратегическо мислене, оперативни резултати и отношение към екипа. Бойко Атанасов – Председател на Комисията за финансов надзор беше избран от сп.Икономика за един от 30-те лидера на България!
    В клипа на сп. Икономика можете да намерите неговата формула за успех за работата на КФН – стриктен контрол, проактивна регулация и комуникация, доверие на бизнеса и поднадзорните лица в Комисията. Ще имате възможността да видите и чуете какво за него е най-голямото предизвикателство, в какво вярва като лидер и за какво е убеден като Председател на КФН. Г-н Атанасов представя и най-дълбокото си вярване, а именно, че лидерът е успешен благодарение на хората, работещи в екип и на експертизата, която притежават.

THE WORLD BANK DETERMINES THE FINANCIAL INDEPENDENCE OF THE FINANCIAL SUPERVISION COMMISSION AS THE MOST EFFECTIVE MEASURE TO INCREASE THE CAPACITY OF THE REGULATOR

The World Bank published its conclusions from the finalized Financial Sector Assessment Program (FSAP). The report recommends a number of measures to increase the administrative and supervisory capacity of the FSC.
The World Bank indicates the guarantee of the Commission’s independence from the government as the most critical issue faced by the FSC. The Bank recommends FSC to fund its operation by way of supervision levies collected by the supervised entities, which will guarantee its objective work and increase its administrative and expert capacity.
The World Bank also makes a number of other recommendations of a diverse nature to improve the FSC activity – for example, switching to risk-based supervision, structural changes within the Commission etc.
Part of the report is also an Action Plan which identifies concrete steps to implement the recommendations made. The FSC accepts the envisaged measures and has even started to work on the implementation of some of them.
The full text of the Report could be reached on the World Bank official web site at
http://documents.worldbank.org/curated/en/329651497971488036/Bulgaria-Insurance-and-pensions-supervision-technical-note

THE WORLD BANK DETERMINES THE FINANCIAL INDEPENDENCE OF THE FINANCIAL SUPERVISION COMMISSION AS THE MOST EFFECTIVE MEASURE TO INCREASE THE CAPACITY OF THE REGULATOR

The World Bank published its conclusions from the finalized Financial Sector Assessment Program (FSAP). The report recommends a number of measures to increase the administrative and supervisory capacity of the FSC.
The World Bank indicates the guarantee of the Commission’s independence from the government as the most critical issue faced by the FSC. The Bank recommends FSC to fund its operation by way of supervision levies collected by the supervised entities, which will guarantee its objective work and increase its administrative and expert capacity.
The World Bank also makes a number of other recommendations of a diverse nature to improve the FSC activity – for example, switching to risk-based supervision, structural changes within the Commission etc.
Part of the report is also an Action Plan which identifies concrete steps to implement the recommendations made. The FSC accepts the envisaged measures and has even started to work on the implementation of some of them.
The full text of the Report could be reached on the World Bank official web site at
http://documents.worldbank.org/curated/en/329651497971488036/Bulgaria-Insurance-and-pensions-supervision-technical-note

SOLVENCY II IS GOING LIVE

All stakeholders including consumers will benefit from the new risk-based regime.
Solvency II is a modern, robust and proportionate supervisory framework.
As of 1 January 2016 the new risk-based European supervisory framework for insurance – Solvency II – has become applicable.

Solvency II will result in a paradigm shift in companies’ risk cultures. Well capitalised insurers will enable the sector to withstand unforeseen shocks. By fostering good governance and risk management, Solvency II will enhance protection of consumers of insurance products. Harmonised reporting and disclosure will provide supervisors with key information and enable their timely action. The new regime will however not be a burden for smaller companies, thanks to its proportionality principles.

Gabriel Bernardino, Chairman of EIOPA, said: “Without a risk-based approach the European insurance supervision would be lagging behind international trends . Now with Solvency II a modern, robust and proportionate supervisory regime will be implemented. This is a huge step forward for enhanced policyholder protection and the single European insurance market.
Solvency II is the result of productive political and legislative negotiations over many years by the European Parliament, Commission and Council. But it also reflects the work of EIOPA’s Board of Supervisors, which always kept the momentum to ensure preparations for Solvency II could be undertaken in timely fashion. With the efforts of the National Competent Authorities (NCAs), Solvency II can now become reality in each Member State.
Also on the side of the insurance and reinsurance companies hard work was done and the good level of preparedness for Solvency II is a sign of their success.
However, this is not a time for complacency. The regulatory phase of the journey is ending. Now EIOPA starts a new journey – towards consistent and convergent implementation of Solvency II across Europe.”

A new section “Solvency II – going live!” https://eiopa.europa.eu/Pages/Supervision/Insurance/Solvency-II-Going-Live.aspx has been launched on EIOPA’s website to explain the benefits of the new framework for European citizens and the EU economy.

FSC warns all the consumers

As a matter of priority and with a high level of importance, the Bulgarian Financial Supervision Commission (FSC) warns all the consumers and potential investors in Bulgaria and abroad about an illegal activity consisting of frauds in explicitly large financial amounts conducted through the website www.Brokerz.com. FSC has received numerous complaints from both Bulgarian and foreign citizens, this is why FSC warns the public about the possibility of financial frauds. Aiming at informing the public FSC communicates the measures taken locally and internationally with regards to the case of "Brokerz.com".
Since the beginning of 2020, FSC has received a significant number of complaints from Bulgarian and foreign citizens. The complaints contain allegations that consumers have lost money as a result of frauds conducted through the online platform for online trading in financial instruments www.brokerz.com, as well as related foreign companies: Group Polo Ltd. and Brokerz Ltd., registered in Saint Vincent and the Grenadines, and the following companies registered in Bulgaria: Codexia EOOD (,,Кодексия“ ЕООД), UIC 205847631, RSD BULGARIA EOOD (,,ЕР ЕС ДИ БЪЛГАРИЯ” ЕООД), UIC 203873556, GLOBAL MARKETING CONSULT EOOD (,,ГЛОБЪЛ МАРКЕТИНГ КОНСУЛТ“ ЕООД) UIC 205637907,  NOVA COR EOOD (,,НОВА КОР“ ЕООД), UIC 205601761, NOVACOR EOOD (,,НОВАКОР“ ЕООД), UIC 205252555, and OLMEDIA EOOD (,,ОЛМЕДИЯ“ ЕООД), UIC 203873556. The website that links to Brokerz.com is www.brokerz.com.

FSC warns all the consumers and the public that those companies do not have a licence issued by FSC to provide investment services and to carry out investment activities within the meaning of Article 6 of the Markets in Financial Instruments Act (MFIA). In connection with the above, those companies do not have the right to carry out such activity on the territory of the Republic of Bulgaria, as well as to receive funds from investors transferred to in their bank accounts in order for the purpose of investment in financial instruments.
Each of the complaints is analyzed in detail, the cash flows, the arguments and the facts indicating the illegal activity on the part of the mentioned companies are traced. FSC carried out a complex examination of the data presented in the complaints. FSC also provided full assistance to the victims with regards to their requests. In connection to that FSC promptly responded to all the received complaints, including warnings advices related to the necessary preventive measures regarding the illegal activities of Brokerz.com and the companies related to the Internet platform.
FSC draws the attention of the public and specifically of the potential investors to the following: the first function of FSC is to grant or refuse a licence for an investment intermediary to a company in accordance with the legal requirements, as well as to actively and strictly monitor the compliance of the companies with the regulatory requirements while they operate on the territory of the Republic of Bulgaria. FSC is a state authority that carries out its activities in accordance with the powers provided by the law. In case of establishing administrative violations of the applicable regulatory requirements FSC may impose a sanction. However, in order to carry out this activity what has been done must be proved in an indisputable way. The criminal sanctioning belongs to other state authorities.
FSC’s purpose and tasks includes informing the competent authorities and communicating with the public and potential consumers in case of complaints related to proven abuses performed by a certain company. This is why FSC would like to once again remind the potential investors to always check on the FSC’s website whether the respective company to whose account they intend to  transfer money has the right to provide investment services and / or to perform investment activities, before transferring those funds. An indication that the potential investor is the subject of a fraud could be the fact that the name of the company specified in the contract as an investment intermediary, which in some cases may be identical to a licensed one, differs from the name of the company whose account should be transferred funds. FSC recommends to potential investors before transferring funds for trading in financial instruments to request information from the bank about the holder of the respective bank account, and then to inquire whether a person with such a name has a licence to provide investment services.
We would like to draw your attention to the fact that the provision of investment services and the performance of investment activities by occupation can be carried out only by a JSC or a limited liability company with registered office and address of management in the Republic of Bulgaria, which possesses a licence, issued by FSC under the terms and conditions of MFIA.
In this context, investment services may be provided on the territory of the Republic of Bulgaria solely by;

  • Investment intermediaries authorized by FSC;
  • Investment intermediaries, i.e. banks licensed by the Bulgarian National Bank;
  • Investment intermediaries authorized by competent authorities of other EU member states providing investment services on the territory of the Republic of Bulgaria, according to Chapter 4, Division II of the MFIA;
  • Investment intermediaries from a third country providing investment services on the territory of the Republic of Bulgaria, according to Chapter 4, Division III of the MFIA.
 
Investment intermediaries who have been granted licence could be checked on the FSC’s website: http://www.fsc.bg/bg/, and/or on the websites of the EU competent authorities, as well as on the website of the European Securities and Markets Authority (ESMA): https://www.esma.europa.eu/.
On the FSC’s website is published a list of the investment intermediaries who have notified it of their intention to provide financial services on the territory of the Republic of Bulgaria: https://www.fsc.bg/bg/podnadzorni-litsa/notifikatsii/notifikatsii-polucheni-v-kfn/.
Trading through an intermediary which is not included in the lists in question means that the latter performs its activity unlawfully, i.e. without having met the respective regulatory and supervisory requirements, thus it leads to lack of guaranty for the safety of the invested means.
Such an information about the investment intermediaries and banks having acquired right to provide investment services on the territory of the Republic of Bulgaria could be found on the FSC’s website: http://www.fsc.bg/bg/. 
As regards the current case concerning the complaints against www.brokerz.com, FSC informs predominantly and in due time the respective competent authorities of the Republic of Bulgaria disposing of executive and judicial power. Due to the high number of raised claims for frauds of value of hundred thousand Euro, FSC actively shares information in this matter with supervisory authorities of the other EU member states, also in relation to the circumstance that in some claims have been argued frauds committed in various other states, except in Bulgaria. Taking into account the significant number of claims and reports sent to FSC by natural persons who are EU citizens, the latter is going to issue cautionary notifications about the illegal activity of Brokerz.com which will be sent to all EU supervisory authorities.
FSC has to inform the State Agency for National Security of the investigations carried out, when suspicion of money laundering through some companies related to Brokerz.com is on hand.
As a result of the check of the website (https:brokerz.com) pointed out in the claims, it became clear that the website is property of Brokerz Ltd, thus it is managed by it too. The latter is registered in Saint Vincent and the Grenadines, Suite 305, Grifith Corporate Centre, Beachmont, PO BOX 1510 Kingston, Saint Vincent and Grenadines.
FSC has sent a letter to the leading body of the Financial Services Authority Saint Vincent and the Grenadines (SVGFSA) containing information about the licensing regime of the following companies; “Brokerz” Ltd., “Novacore” EOOD, “Group Polo” Ltd., as well as the internet platform www.brokerz.com.
FSC remains open for further communication and it is ready to undertake swift supervisory actions, as well as to revise the licensing regime of the above companies and to recheck their potential relation to that platform.
We would like to ask everyone who intends to start investment activity using the site www.brokerz.com to have in mind that it has not been granted any licence by FSC. Furthermore, we would like to ask each of you having invested through that website to check out the status of his/her investment.