FCA Imposes First MiFIR Transaction Reporting Fine on Infinox Capital: A Landmark Enforcement Action

FCA Imposes First MiFIR Transaction Reporting Fine on Infinox Capital: A Landmark Enforcement Action

Infinox Capital Limited is currently facing a significant challenge as the Financial Conduct Authority (FCA) has imposed a hefty fine of £99,200. This penalty stems from the company’s failure to submit over 46,000 transaction reports, a crucial requirement that could have allowed potential market abuse to go unnoticed.

Overview of the FCA’s Enforcement Action

This enforcement action marks a pivotal moment, as it is the first instance of a firm being penalized for non-compliance with the UK Markets in Financial Instruments Regulation (MiFIR) transaction reporting obligations. The issue arose when Infinox failed to report transactions for single-stock contracts for difference (CFD) trades conducted through a corporate brokerage account from October 1, 2022, to March 31, 2023.

Details of the Breach

The oversight, which involved more than 46,000 unreported transactions, was uncovered during a third-party review. Alarmingly, Infinox did not take the initiative to report this breach to the FCA; rather, it was the FCA that independently identified the discrepancy.

  • Period of Non-Compliance: October 1, 2022 – March 31, 2023
  • Number of Unreported Transactions: 46,053
  • Type of Transactions Affected: Single-stock CFDs

FCA’s Response and Ongoing Monitoring

Steve Smart, the joint executive director of enforcement and market oversight at the FCA, emphasized the critical need for timely and accurate transaction reporting, stating, “As a data-led regulator, it is vital that firms submit accurate and timely transaction reports and promptly bring any failures to our attention.” He highlighted that the failure to do so could jeopardize market integrity and allow market abuse to go undetected.

The FCA continues to actively monitor market data in real time, employing specialized teams dedicated to identifying misconduct and preserving market integrity. For more information, visit the FCA news page for updates on regulatory actions.

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For firms operating in the financial sector, this case serves as a stark reminder of the importance of compliance with MiFIR regulations. Understanding these obligations can help avoid severe penalties and maintain trust in the financial markets.

To learn more about regulatory compliance in the finance sector, check out our informative article on regulatory compliance.

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