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Spain’s CNMV Implements Marketing Restrictions and Margin Requirements for Leveraged Products

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The Comisión Nacional del Mercado de Valores (CNMV), Spain's financial watchdog, has introduced new marketing restrictions and margin requirements for leveraged products. The European Securities and Markets Authority (ESMA) has published an opinion on these product intervention measures, supporting the CNMV's efforts to protect retail investors.

Under the new regulations, the CNMV prohibits the offering of training, technical seminars, courses, or sessions related to leveraged products, excluding turbos, to retail investors. The aim is to prevent misleading or inappropriate marketing practices. Additionally, advertising communications on contracts for difference (CFDs) targeting retail clients are strictly forbidden, including the sponsorship of events or organizations. The CNMV has also implemented restrictions on remuneration policies and cash deposits by customers.

  • The CNMV's intervention measures specifically target certain futures and options, categorized as "other leveraged products." These products are defined as financial instruments where the maximum amount at risk exceeds the initial investment or is unknown at the time of subscription. However, turbo products are exempt from these measures, as the total amount at risk is equal to the amount invested.
  • The newly implemented measures require providers of high-risk products to close a retail client's open positions when the value of the positions is reduced to half the initial margin. This aligns with the existing measures for CFDs. Furthermore, these high-risk products will be subject to the same initial margin protection as CFDs, with a potential exception for products with non-crypto asset underlyings if the trading venue permits a lower initial margin requirement.

ESMA acknowledges that the CNMV's measures do not include a "negative balance protection" provision. Instead, the CNMV aims to mitigate the risk of negative balances by applying margin close-out protection and initial margin protection, ensuring consistent and prudent account-level closure of positions. However, ESMA highlights that the CNMV allows for a lower amount of initial margin compared to the existing measures for products subject to lower margin requirements by trading venues.

ESMA agrees with the CNMV's assessment that other leveraged products bear similarities to CFDs and acknowledges the risks associated with crypto assets. The EU regulator will closely monitor whether these products pose detrimental consequences for retail clients similar to those observed with CFDs.

The CNMV's proposed marketing ban aligns with the existing 2019 CFD Resolution enacted by ESMA. It prohibits the provision of payments or benefits related to the marketing, distribution, or sale of CFDs to retail clients. ESMA has previously supported this restriction.

ESMA encourages other National Competent Authorities (NCAs) within the European Union to monitor potential risks and consider similar measures in their jurisdictions. NCAs may take product intervention measures but are required to notify ESMA and other NCAs at least one month before the intended implementation unless urgent action is necessary.

The CNMV's proactive approach to protecting retail investors and addressing risks associated with leveraged products demonstrates its commitment to ensuring the stability and integrity of the Spanish financial markets.

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