Cypriot Investment Firms (CIFs) — Flashcards

54 free CySEC Advanced Chapter 2 flashcards. Tap a card to flip, or use the arrow keys to move through the deck.

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Authorisation

Within what period must CySEC inform a CIF applicant whether its authorisation is granted?
Within six months of the application. This is a firm statutory deadline, not a guideline.
Once granted by CySEC, where is a CIF's authorisation valid?
In all EU member states (the single-passport principle). The CIF can provide the services it is authorised for across the EU, either directly or through a branch, without separate national licences.
Can a CIF be authorised solely for the provision of ancillary services?
No. CySEC will not grant authorisation sought only for ancillary services. A firm must seek authorisation for core investment services; ancillary services can be added on top but cannot stand alone.
What must a CIF publish on all its official documents?
Its authorisation number and the fact that it is authorised and supervised by CySEC.
What must a CIF's website state?
That the firm is authorised by CySEC, together with its authorisation number and the scope of that authorisation.
To whom does CySEC communicate all CIF authorisations?
To ESMA, which maintains the central EU-wide register of investment firms.
What must CySEC do when authorising a CIF that is a subsidiary of an institution authorised in another member state?
Request the opinion of the competent authorities in that member state, so both regulators share information and co-assess shareholder suitability and management quality.

Withdrawal & renouncement

A CIF's authorisation may be withdrawn if it has not been used within how long of being granted?
Within 12 months. A licence never used within a year is treated as abandoned.
A CIF's authorisation may be withdrawn if it has not provided investment services for what period?
Six months. This is distinct from the 12-month rule for never having used the authorisation at all.
During a suspension period, what is a CIF prohibited from doing?
Accepting any new customers. The restriction targets growth of the client base; servicing of existing clients continues, subject to any exceptions CySEC specifies.
What must a CIF's notification of intent to renounce its authorisation include?
The original authorisation document, the reasons for renouncing, and a proposed timetable for implementation. Client names are not part of the formal notification.
What must a CIF return to clients when renouncing its authorisation?
All funds and financial instruments owned by or accounted for the clients, including any profits. Partial returns are not permitted.
Where are client funds deposited if they cannot be returned during an authorisation revocation?
In a bank account in the Investor Compensation Fund (ICF), which then acts as the mechanism through which clients can seek compensation.
If a CIF's funds are insufficient to cover its liabilities to customers during withdrawal, what must it do?
Cover the additional amount from its own funds. The CIF is the primary source of client protection; the ICF is only the ultimate backstop for any residual amount.
What can CySEC apply to the Court for in relation to a CIF losing its authorisation?
Liquidation of the CIF and the appointment of a liquidator or temporary liquidator — a last-resort tool for an orderly, supervised wind-down.
After its authorisation is revoked, what must a CIF do with public information about its former services?
Delete it without delay, both online and offline, so it no longer appears to be an active, regulated investment firm.

Board & governance

What is the minimum number of a CIF's management members that must be directors?
Two — the 'four-eyes principle', preventing single-person control over critical decisions.
For a significant CIF, what is the maximum directorship combination involving one executive role?
One executive directorship plus two non-executive directorships (the 1+2 rule).
How do directorships in non-commercial organisations count toward a CIF director's limit?
They do not count at all. Charities, foundations and public institutions are excluded from the directorship count.
How do multiple directorships held within the same group count toward the limit?
As a single directorship, because the director is effectively serving one enterprise.
On what ground can CySEC reject a CIF's authorisation application relating to its directors?
If it considers the directors are not of sufficiently good repute or experience — the fit-and-proper test is a primary gatekeeping tool.
Can the chairman of a CIF's board also be its CEO?
No — not unless justified. Separating the roles preserves independent board oversight of executive management.
Who may sit on a CIF's nomination committee?
Members of the board of directors who do not perform any executive function in the CIF (non-executive directors only).
What must the nomination committee of a significant CIF assess at least annually?
The structure, size, composition and performance of the board of directors.
What is the board of directors responsible for supervising?
Senior management. The board provides strategic oversight and holds senior managers accountable, while management executes.
How often must senior management receive written reports on compliance, risk management and internal audit?
At least annually (the minimum floor).
What must those periodic reports to senior management specifically confirm?
Whether appropriate remedial measures have been taken where any deficiencies were identified — closing the loop between findings and action.
What standard must a CIF's periodic internal review ensure its authorisation arrangements remain?
Appropriate, effective, comprehensive and proportionate to the nature, scale and complexity of its business.
What must a CIF do if its conflict-of-interest arrangements cannot adequately prevent damage to a client?
Disclose the general nature and/or sources of the conflicts to the client before undertaking business on their behalf.

Tied agents

Under whose responsibility does a tied agent act?
The full and unconditional responsibility of only one investment firm (the 'one principal' rule).
Within what period must CySEC approve the appointment of a tied agent?
Within one month. The tied agent may only start representing the principal after successful registration.
Who bears responsibility for a tied agent's actions or omissions?
The CIF, fully and unconditionally. Liability cannot be shifted to the tied agent or disclaimed.
What must a tied agent established in Cyprus possess?
Sufficiently good repute and appropriate general, commercial and professional knowledge and competence — not necessarily formal academic qualifications.
When must a CIF notify CySEC of its intention to use a tied agent?
Prior to the use of the tied agent — pre-notification and registration are mandatory.
Within what period is the public register updated after a principal–tied-agent relationship is terminated?
Within three working days, except where the tied agent is being replaced with a new principal (a more complex case).

Eligible counterparties

How may a CIF obtain an eligible counterparty's confirmation that it agrees to be treated as such?
Either as a general agreement at the start of the relationship or on a transaction-by-transaction basis. The express confirmation must be obtained and documented.

Crowdfunding (RAD 12/2020)

What does CySEC Directive RAD 12/2020 concern?
Crowdfunding services in respect of transferable securities (equity crowdfunding), including how CIFs may act as crowdfunding intermediaries.
What website requirement applies to a CIF acting as a crowdfunding service provider?
It must maintain a website owned and used exclusively for its crowdfunding operations, separate from its other services.
Who issues the Key Investment Information Sheet (KIIS) in a crowdfunding offer?
The project owner seeking to raise capital. The CIF verifies that the KIIS is complete, accurate and understandable before offering it on its platform.
When may a crowdfunding CIF transfer the money raised to the project owner?
Only after the successful completion of the offer (the capital goal is achieved) — the 'all-or-nothing' principle. Otherwise funds are returned to investors.
What is a crowdfunding bulletin board operated by a CIF allowed to do?
Allow investors to communicate buying or selling interest — but it may not act as a trading system that matches orders or concludes transactions.

CFD & binary option restrictions

Under which legal provision does CySEC impose restrictions on CFDs and binary options?
Article 42 of Regulation (EU) 600/2014 (MiFIR) — the product-intervention power. Note it is a MiFIR article, not a MiFID one.
Name a condition under which the CFD restrictions do not apply.
The provider gives the retail client negative balance protection — one of four cumulative conditions (with initial margin, margin close-out protection, and risk warnings in marketing).
To which clients do the CFD and binary option restrictions apply?
Private (retail) clients. Professional clients and eligible counterparties are excluded, being presumed able to manage the risks.
The binary option restrictions do not apply where the option's validity period (issue to expiry) is at least how long?
At least 90 days — distinguishing structured medium-term products from short-term speculative contracts.

SME growth markets

An issuer listed for under three years is an SME (for SME growth market purposes) if its market capitalisation is below what?
Below €200 million.
What proportion of an MTF's issuers must be SMEs for it to be registered as an SME growth market?
At least 50%. CySEC calculates the ratio as the average of the twelve end-of-month ratios, referenced at 31 December.
Within what period must SME growth market issuers publish their annual financial reports?
Within six months of the end of the financial year (half-yearly reports have a separate four-month deadline).

Regulated markets & DRSPs

Within what period must CySEC decide on a regulated market authorisation application?
Within six months of submission of a duly completed application.
When must changes in significant ownership of a regulated market be reported to CySEC?
Prior to the transfer of ownership, so CySEC can assess suitability before control changes. CySEC then notifies its decision within one month.
Who may provide direct electronic access to a regulated market?
Only authorised investment firms, because such access carries significant systemic risk.
Can a financial instrument be admitted to trading on multiple regulated markets without the issuer's consent?
Yes — provided the issuer is informed. The issuer has no veto and no obligation to provide information to the additional markets.
Within what time must a consolidated tape provider (CTP) make trading information available free of charge?
Within 15 minutes of publication.
By when must an approved reporting mechanism (ARM) report transaction information to regulators?
As soon as reasonably practicable, and at the latest by the close of the next business day.
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