Valerio Sangiovanni. “I contratti derivati e il regolamento Consob n. del ” Giurisprudenza di merito () Available at. /) defined in detail the single elements of portfolio management service (for was expressly defined in the Consob Regulation on Intermediaries no. of 1 July , as amended. lett. b) of the UFA and Article 33, paragraph 1, of the CONSOB Regulation, a safe-harbor exemption is applicable also in.

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About us Corporate responsibility Alumni Contact us Online services. Customer identification for the purpose of anti-money laundering measures: Our lawyers were ranked in Band 1 and 2 in categories across all Legal Directories, the highest of the global elite group of international law firms. Therefore, the contract agreement will be via the Internet only if it is effectively realizable the digital signature as provided by the d. The last source of law, in hierarchical order, is the Consob communication, whose last is the n.

Email this page Close Leave this field blank. Among the applicable legislation, the Legislative Decree 24 February n. Therefore, the content of Articlescited in the present paragraph, have dramatically changed. Similarly, via the Internet, the 115222 can possibly agree to the operation despite the existence of coonsob conflict of interestif the technical operational procedure of the intermediary is structured in a way that requires at the investor a demonstration of effective and informed consent.

Within the overall framework of the regulation applicable to online trading, we can identify some key areas that regulate the start-up phase of the relationship with the investor: B of the Decree. In contrast, the operator must obtain, at least for the investment contract, the written traditional document. A of the Decree.

Turn off more accessible mode. Relationships with supervisory authorities: However, a party that alleges that the written declaration does not correspond with the facts must provide evidence of 115222 specific circumstances from which it could have been inferred that the requisites of competence and cnsob were missing, and show that the bank was already acquainted with those circumstances at the time the contract was drawn up.


See also Online Trading definition. Turn on more accessible mode.

“I contratti derivati e il regolamento Consob n. del ” by Valerio Sangiovanni

For this reason, the service provider often use, as permitted by law, the faculty of indirect identification thanks to the obtaining appropriate certification by other intermediary, usually a bank, to heed the funds transfer. You may be trying to access this site from a secured browser on the server. With regard to the phase of execution online investment services for third parties and for transmit orders: The current rules do not means the specific procedures and methods of acquiring information on the investor; the definition of such procedures and methods is based on the operators discretion.

Twitter Facebook Linked In Email this page. Furthermore, intermediaries must operate in such a way that customers “are kept adequately informed” Art. The intermediary must still acquire technical and operational procedures that allow them to acquire and retain appropriate certificate of “delivery” of the document. Africa Morocco South Africa.

Qualified entities to trading: Press room Visit press room Press contacts. These systems, in fact, provide access to trading without going through intermediaries. Both cases relate to derivative transactions entered into by two private companies the claimants. News View latest news, deals and cases. Authorized intermediaries to negotiation of trade online are listed by ‘art.

Article 26 refers to the general principles and rules set out in the Italian Financial Services Act. Skip to main content.


In born the first trading platforms in Italy, following the rapid expansion of the phenomenon, thanks to the gradual spread of the Internet, the Consob in consib it and regulate it with Consob Regulation no. The rulings show that being a qualified investor does not necessarily result in the complete absence of any protection under financial services law. Consib enable scripts and reload this page. For more information please contact Amy Edwards amy.


The European Finance Litigation Review is a quarterly publication on recent developments in the finance litigation and regulatory sector in key European jurisdictions. Information on the nature and risks of the operations, and the significant losses: Further Information The European Finance Litigation Review is a quarterly publication on recent developments in the finance litigation and regulatory sector in key European jurisdictions.

We use cookies on our website. The online trading has developed in the Italian market in the nineties and cknsob mainly success to the speed of orders transmission, to the almost total elimination of the error risk in their transposition and especially to the containment of trading commissions.

The stipulation via Internet is allowed only in case of use of vonsob signatures for as established by law. It is compatible with the rules in place, the option to make available through the website the document on the general risks of investing in financial instruments, which should be delivered to the investor before provision of investment services 115222 accessories these connected.

Italy: Issuer/Distributor liability to qualified investors

To learn more about cookies, how we use them on our site and how to change your cookie settings please view our cookie policy. In any case it is necessary that the intermediary predisposes appropriate procedures and resources to deal with any “falls” even temporary of the automated system, with tools to enable customers to continue the operation. The information about the existence of the conflict of interest provided by the intermediary can also provided via the Internet.