ESMA Ceases Renewal Of Product Intervention Measure Relating To Binary Options

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Elias Neocleous & Co LLC

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Elias Neocleous & Co LLC is the largest law firm in Cyprus and a leading firm in the South-East Mediterranean region, with a network of offices across Cyprus (Limassol, Nicosia, Paphos), Belgium (Brussels), Czech Republic (Prague), Romania (Budapest) and Ukraine (Kiev). A dynamic team of lawyers and legal experts deliver strategic legal solutions to clients operating in key industries across Europe, Asia, the Middle East, India, USA, South America, and China. The firm is renowned for its expertise and jurisdictional knowledge across a broad spectrum of practice areas, spanning all major transactional and market disciplines, while also managing the largest and most challenging cross-border assignments. It is a premier practice of choice for leading Cypriot banks and financial institutions, preeminent foreign commercial and development banks, multinational corporations, global technology firms, international law firms, private equity funds, credit agencies, and asset managers.
As these temporary measures are not renewed, they automatically expire as of end of day of 1st July 2019.
European Union Corporate/Commercial Law

On 1 July 2019, the European Securities and Markets Authority (ESMA) as the EU securities markets' regulator, announced that it ceases its temporary measure to prohibit the marketing, distribution or sale of binary options to retail clients in the European Union (EU).

By virtue of its previous decisions (EU) 2018/795, (EU) 2018/1466, (EU) 2018/2064 and (EU) 2019/509, ESMA had adopted product intervention measures regarding binary options and imposed a temporary prohibition on their marketing, distribution or sale. As these temporary measures are not renewed, they automatically expire as of end of day of 1st July 2019.

ESMA's decision not renew its temporary prohibition follows from permanent national product intervention measures taken by most EU national competent authorities (NCAs) relating to binary options; these are found by ESMA to be at least as stringent as ESMA's. In this context and as regards Cyprus, Cyprus Securities and Exchange Commission (CySEC) has also initiated a consultation to impose Cyprus-specific national measures to restrict the marketing, distribution and sale of Contracts for Differences (CFDs). The relevant announcement is available here.

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