20 February 2004

IOSCO: Regulation of remote cross-border financial intermediaries

This report of the Technical Committee of IOSCO identifies and discusses the factors that countries consider in determining how to regulate cross-border service providers that do not have a physical presence within their borders. It provides a reference for jurisdictions that face issues related to application of domestic regulations to foreign financial intermediaries that provide financial services in those jurisdictions without a physical presence.

For example, jurisdictions may consider the characteristics of the investor (e.g., institutional versus retail investor), the nature of the access (e.g., directly or through a local intermediary), and/or the type of the security traded (e.g., derivative rather than common stock).

Some jurisdictions also consider the nature of the home regulation of the firm that seeks remote access. The decision to impose local requirements in addition to the requirements imposed by the foreign jurisdiction where the intermediary is physically located (the home jurisdiction) depends on considerations relating to the goals of investor protection, efficient capital markets, and the appropriate balance between these two.

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