ESMA tells firms to improve their selling practices for complex financial products

07 February 2014

ESMA published an Opinion on practices to be observed by investment firms when selling complex financial products to investors. This is to remind national supervisors and investment firms about the importance of requirements governing selling practices under MiFID.

ESMA is issuing this Opinion as it is concerned that firms’ compliance with the MiFID selling practices when selling complex products may have fallen short of expected standards. The concerns relate mainly to the suitability and appropriateness of complex products that are increasingly within the grasp of retail investors. The Opinion sets out ESMA’s minimum expectations with respect to the conduct of firms when selling complex products to retail investors.

Steven Maijoor, ESMA Chair, said: “Investment firms increasingly sell complex financial products such as warrants, different types of structured bonds, derivatives and asset-backed securities, which were previously accessible mainly to professional investors, to retail investors.

“ESMA is concerned that this trend greatly increases the risk that customers do not understand the risks, costs and expected returns of the products they are buying. Therefore, we believe that it is crucial that investment firms act responsibly and in the best interest of their clients.

“The level of concern regarding the risk posed by these products to investor protection when MiFID rules are not fully respected is such that we have also issued an EU-wide warning to investors in order to raise awareness about the risks arising from investing in these types of complex products.”

The marketing and sale of complex financial products, in particular to retail investors, is an important investor protection area where ESMA wants to ensure a consistent approach to the application of the MiFID conduct business rules - thereby improving supervisory convergence.

The areas covered by the Opinion relate to:

• firms’ organisation and internal controls;
• the assessment of the suitability or appropriateness of certain products;
• disclosures and communications in relation to products; and
• compliance monitoring of the sales functions.

Key Messages

• If you do not understand the key features of the product being offered, or the key risks involved, do not invest. Instead, consider seeking professional advice on what investment is suitable for you.

• Be aware that sometimes the name of a product may not reflect the features of the product. Be wary of promises of ‘high’, ‘guaranteed’, ‘hedged’ or ‘absolute’ returns. These promises often turn out to be misleading.

• Be careful if you need to access your money before the product is due to pay out.

• Before you invest, understand what the total costs are. The cost of an investment will impact the return you are likely to achieve. Also, there may be similar, less complex products - with lower costs – available.

Press release

Opinion

© ESMA