ARTICLE
21 November 2018

EU Supervisory Authority Will Extend Binary Options Ban Into 2019

SS
Shearman & Sterling LLP

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On November 9, 2018, ESMA announced that it proposes to renew the prohibition on the marketing, distribution or sale of binary options to retail clients for a further three months from January 2, 2019
European Union Consumer Protection
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On November 9, 2018, ESMA announced that it proposes to renew the prohibition on the marketing, distribution or sale of binary options to retail clients for a further three months from January 2, 2019. ESMA's product intervention powers under the Markets in Financial Instruments Regulation allow it to impose temporary prohibitions or restrictions on certain financial instruments, financial activities or practices to address a significant investor protection concern in the EU. ESMA is renewing the prohibition on binary options because it considers that a significant investor protection concern remains. The measure will be renewed on the same terms as the previous renewal decision that has applied from October 2, 2018 and that will expire on January 1, 2019.

ESMA's Board of Supervisors agreed on the renewal of intervention measures on November 7, 2018. ESMA will publish an official notice on its website in the coming weeks. The new Decision will then be published in the Official Journal of the European Union and will start to apply from January 2, 2019 for a period of three months

ESMA's announcement is available at: https://www.esma.europa.eu/sites/default/files/library/esma71-99- 1057_-_esma_renews_binary_options_prohibition_for_a_further_three_months_from_2_january_2019.pdf and details of the prohibition expiring on January 1, 2019 are available at: https://finreg.shearman.com/EUBan-Relating-to-Binary-Options-Extended.

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