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Approval of the modified market rules of the regulated markets organized by Euronext NV/SA

The Financial Services and Markets Authority (FSMA) hereby announces that the modified market rules of the regulated markets organized by Euronext NV/SA (namely Euronext Brussels and the Euronext Brussels Derivative Instruments Market) were approved on 26 June 2024 in accordance with Article 34, §1, of the Law of 21 November 2017 on the market infrastructures for financial instruments and transposing Directive 2014/65/EU. These market rules enter into force as of 9 September 2024.The market rules are available on Euronext's website.

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Agreed settlement with Belfius Bank

This agreed settlement consists of the payment of 1 million euros, Belfius Bank's commitment to reinforce its legal risk management and a publication, by name, on the website of the Financial Services and Markets Authority (FSMA).This press release is not available in English. Please consult the French or Dutch site.

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Look out for traps: beware of these fraudulent trading platforms

The Financial Services and Markets Authority (FSMA) is once again drawing the public's attention to the phenomenon of fraudulent trading platforms and their dangers. These platforms are all over the internet, trying to lure investors with promises of quick and easy earnings. However, behind these tantalizing offers, there are often sophisticated scams that can lead to significant losses.How does a fraudulent trading platform work? (flowchart)Modes of contact: Fraudsters use various techniques to contact their victims: a fake news article that mentions a celebrity, online advertisements, a fake account on social media, a dating app or even a “lost” message (text message, Whatsapp, …). In each case, the platform attracts investors by promising them very high returns in a short time, often well beyond the sorts of gains that are realistic.Registration: Interested investors register on the platform and deposit funds to their trading account. Most of the time, investors begin with a relatively small sum (e.g. €250). In some cases, the swindlers offer to help victims by taking over their computer remotely in order to make certain transfers on their behalf, which also allows them to use viruses and spyware, for example.Manipulation and pressure tactics: Once the funds have been deposited by the victim, the platform will manipulate the transactions to give the impression of significant profits. These earnings are fictitious, and the funds have not really been invested. The fraudsters then put pressure on their victims to invest more and more money (repeated phone calls, time-limited offers, threats, etc.).Withdrawals are impossible: An initial withdrawal of a small amount is sometimes possible, thereby giving victims more confidence. However, once an investor wishes to withdraw a larger amount, the fraudsters use various pretexts not to make it possible (high costs, taxes owing, etc.). In the end, the fraudulent platform disappears, taking with it all the investors’ money. The FSMA is warning today against different websites that have recently appeared.The FSMA notes that the following websites were putting consumers in touch with fraudulent trading platforms:Bitcoin Avage 500 (www.bitcoinavage500.com);Gas 4.0 Alrex/Gas Alrex Ai (https://the-official-website.net/gas-4-0-alrex/; https://www.btcrevolution.cloud/);Trade 7.0 sprix (https://techtonicterritory.com/; https://www.innovateinfinityisland.com/; https://innovativeideasisle.com/; https://www.aquamarinespasauna.com/index.html).The FSMA strongly advises against responding to any offers made by the following trading platforms:24era (https://24era.com/);Abyss World Asset (https://www.abyss-world-asset.com/);Antbit (www.antbitx.cc);Axys Global (https://axysglobal.cc/; axysglobal.ltd);Bit4eu (https://bit4eu.co/; bit4eu.io ; https://bit4eu.cc/);Bit-wise (https://www.bit-wise.co/); Coineuro Cap (https://coineurocapital.co/);Delta24 (delta24.pro);Finkea (www.finkea.com); FX Tampa (https://www.fxtampa.net/; https://www.fxtampa.com);Globalconnect24 (https://www.globalconnect24.net/);High Forecast (https://www.hiforecast.com/; https://www.hiforecast.world/);Investment Peak ("https://investmentpeak.com/; http://www.investmentpeak1.com/; http://investment1peak.com);JPMreview (https://www.jpmreview.net/);Kucoine (www.kucoine.cc; www.kucoine.net);Main BTC (https://main-btc.dev/; https://main-btc.com/);Market2Trade (https://market2trade.com/);Market4Trade (www.mrk4trd.com);Market Rate AI (https://mrate-ai.com/);Oxtrades (https://oxtrades.com);Profit Gainer (www.profit-gainer.com; www.profit-gnr.com; www.finkanso.com);Profitmarkets (https://profitmarkets.org/);PrimeBanque (https://primebanque.com/);Robintrov (https://www.robintrov.com/; https://robintrov.io/);STEcapital (https://stecapital.cc/);SwissCoinCo (https://swisscoinco.com/); tipo-group.com, Trading-Wave, Trading-Waves Tipo group (https://clientzone.trading-wave.com/fr/login; https://trading-wave.com/);Trade101.ai (https://trade101.ai/);Trilophun Incoporations (https://trilophun.com/);Xtrader.Ca (www.xtrader.ca);Wavestrader (https://wavestrader.io/);WFM International (https://www.wfminternational.com/; https://wfminternational.vip/);ZZ Trading (https://zztrading.io/).I’ve fallen victim. What should I do? Stop making any transactions and break off all contact with the platform: Do not deposit any more money and do not provide any additional personal or financial information. Break off all contact with the fraudsters. They may try to manipulate you in order to take even more money from you.Contact your bank: Inform your bank immediately if you have made any payments to the fraudulent platform. Report the fraud to the competent authorities: Contact the FSMA and file a complaint with the police. Document all the messages and transactions: Gather together all the evidence of communications with the platform, including emails, messages, account statements and screen captures of transactions. These items will be valuable when you report the fraud.Beware of “recovery rooms”: The latter is a practice that consists of contacting people who have been victims of a scam in the past and offering them services that will supposedly recover your lost money, for a fee. Often, these constitute yet another case of fraud.For more information, please consult the “How to recognize and avoid fraud” page on the FSMA website. The site provides additional tips to help you avoid investment fraud. Please watch our awareness-raising videos as well (available in French and Dutch only).

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Findings regarding the liquidity stress tests conducted by Belgian fund managers

The FSMA examined the extent to which the Belgian management companies of UCIs or AIF managers are conducting liquidity stress tests for the funds they manage, what principles and assumptions they use in so doing, and how they organise the stress tests. The enquiry resulted in a number of findings, including both positive assessments and points requiring attention; the results can provide managers with insights into a number of good practices.Read more in communication FSMA_2024_14 (available in ( French - Dutch only)

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Press release on the suspension of trading in Codic International

ANNOUNCEMENT BY THE FINANCIAL SERVICES AND MARKETS AUTHORITY, PUBLISHED IN APPLICATION OF ARTICLE 78 OF THE LAW OF 21 NOVEMBER 2017 Trading in the financial instruments of Codic International, ISIN BE0002825066 - ISIN BE0002710912, on Euronext Brussels is suspended from 27/08/2024 at 15:31 CET until the publication of a press release.

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Update on the electronic submission of information for UCIs to the FSMA

Undertakings for collective investment (UCIs) are required to provide information to the FSMA on a regular basis. They submit the information in question electronically, in the form of documents and data points, via the platforms that the FSMA provides for the purpose. This communication describes the practical procedures for submitting information via those platforms. The procedures are regularly updated in order to take into account new developments in connection with the information to be submitted, underlying technical changes to the platforms and procedural optimisation.The most recent update adds procedures for submitting and updating the questionnaire on the appointment of a custodian for UCITS governed by Belgian law. The update also clarifies the procedure that UCIs are to follow to provide the details for various categories of contact persons, including the general contact persons, the persons authorized to provide certain items of information and the persons responsible for maintaining contacts with the FSMA for specific matters.Read more in the communcation FSMA_2022_18 (available in French - Dutch only)

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Update of the FSMA’s study of the costs associated with investment funds

The FSMA has updated it study of the costs charged by Belgian public undertakings for collective investment (UCIs), commonly known as ‘investment funds’. The study enables consumers to better understand and to compare the costs charged for investing in such funds. The study now has an additional section that explains the main factors affecting those costs.This press release is not available in English. Please consult the French or Dutch site.

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FWU Life Insurance Lux S.A.

The article is available in French - Dutch only.

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Press release on the reopening of trading in Hyloris

ANNOUNCEMENT BY THE FINANCIAL SERVICES AND MARKETS AUTHORITY, PUBLISHED IN APPLICATION OF ARTICLE 78 OF THE LAW OF 21 NOVEMBER 2017 Trading in the financial instruments of Hyloris, ISIN BE0974363955, on Euronext Brussels will re-open on 02/08/2024 at 12:00 CET.

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Amendments to the ML/TF Risk Factors Guidelines

The new guidelines amend the ML/TF Risk Factors Guidelines (EBA/GL/2021/02). They take into account the recent changes to the European Union’s legislation on preventing money laundering and countering the financing of terrorism (AML/CFT) and the new ML/TF risks associated with crypto-asset services. They include new guidance on risk assessments and on customer due diligence. In addition, they incorporate a number of sectoral guidelines.The ESA Guidelines are available here

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Amendments to the ML/TF Risk Factors Guidelines

The new guidelines amend the ML/TF Risk Factors Guidelines (EBA/GL/2021/02). They take into account the recent changes to the European Union’s legislation on preventing money laundering and countering the financing of terrorism (AML/CFT) and the new ML/TF risks associated with crypto-asset services. They include new guidance on risk assessments and on customer due diligence. In addition, they incorporate a number of sectoral guidelines.The ESA Guidelines are available here

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Conduct of cross-border activities by management companies of UCITS and AIF managers under Belgian law

Efforts are made at European level to harmonize the form and content of the information to be notified by management companies of UCITS and AIF managers in respect of their cross-border activities.There are new forms to be filled in in English by management companies of UCITS and/or AIF managers intending to carry out activities within the territory of another European Economic Area (EEA) Member State through establishing a branch in that other EEA Member State; or through free provision of services.Read more in the communication FSMA_2024_12 (available in French - Dutch only)

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Conduct of cross-border activities by management companies of UCITS and AIF managers under Belgian law

Efforts are made at European level to harmonize the form and content of the information to be notified by management companies of UCITS and AIF managers in respect of their cross-border activities.There are new forms to be filled in in English by management companies of UCITS and/or AIF managers intending to carry out activities within the territory of another European Economic Area (EEA) Member State through establishing a branch in that other EEA Member State; or through free provision of services.Read more in the communication FSMA_2024_12 (available in French - Dutch only)

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Mexc Global LTD (www.mexc.com) - Order

The FSMA orders Mexc Global LTD (www.mexc.com) to: cease providing all custodian wallet services in Belgium and to cease all distribution to retail clients in Belgium of financial products the return on which depends, directly or indirectly, on virtual money,Persons or firms governed by the law of a country that is not a member of the European Economic Area are prohibited from offering or providing, within Belgium, by way of a professional activity – even if supplementary or ancillary – exchange services between virtual currencies and legal currencies or custody wallet services.Failure to comply with this prohibition is subject to criminal sanctions pursuant to Article 136 of the Belgian Law on the prevention of money laundering and terrorist financing.The FSMA takes the view that by offering such services in Belgium from countries that are not members of the European Economic Area, namely the Seychelles, Mexc Global LTD is in violation of that prohibition. Moreover, it is prohibited to distribute, on a professional basis, to one or more retail clients, a financial product the return on which depends, directly or indirectly, on virtual money. The FSMA has serious indications that Mexc Global LTD distributes financial products in Belgium the return on which depends, directly or indirectly, on virtual money.That is why the FSMA decided on 23 July 2024 to order Mexc Global LTD to:cease providing all custodian wallet services in Belgium. To this end, Mexc must transfer the wallets of its Belgian clients to a custodian wallet provider established within the European Economic Area that is duly authorized to carry on this activity,cease all distribution to retail clients in Belgium of financial products the return on which depends, directly or indirectly, on virtual money.

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Mexc Global LTD (www.mexc.com) - Order

The FSMA orders Mexc Global LTD (www.mexc.com) to: cease providing all custodian wallet services in Belgium and to cease all distribution to retail clients in Belgium of financial products the return on which depends, directly or indirectly, on virtual money.Persons or firms governed by the law of a country that is not a member of the European Economic Area are prohibited from offering or providing, within Belgium, by way of a professional activity – even if supplementary or ancillary – exchange services between virtual currencies and legal currencies or custody wallet services.Failure to comply with this prohibition is subject to criminal sanctions pursuant to Article 136 of the Belgian Law on the prevention of money laundering and terrorist financing.The FSMA takes the view that by offering such services in Belgium from countries that are not members of the European Economic Area, namely the Seychelles, Mexc Global LTD is in violation of that prohibition. Moreover, it is prohibited to distribute, on a professional basis, to one or more retail clients, a financial product the return on which depends, directly or indirectly, on virtual money. The FSMA has serious indications that Mexc Global LTD distributes financial products in Belgium the return on which depends, directly or indirectly, on virtual money.That is why the FSMA decided on 23 July 2024 to order Mexc Global LTD to:cease providing all custodian wallet services in Belgium. To this end, Mexc must transfer the wallets of its Belgian clients to a custodian wallet provider established within the European Economic Area that is duly authorized to carry on this activity,cease all distribution to retail clients in Belgium of financial products the return on which depends, directly or indirectly, on virtual money.

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Regulated savings accounts offer simplified

The range of regulated savings accounts on offer has been simplified, based on the agreement reached in 2023 between the Belgian government and the banking sector. The number of types of regulated savings accounts has been reduced, and the vast majority of the accounts that were no longer being marketed but were still held by some customers have been closed. This information comes from an analysis conducted by the Financial Services and Markets Authority (FSMA).Maximum 4 different types of regulated savings accountsThe agreement reached in 2023 between the government and the banking sector provided that the number of regulated savings accounts that can be offered by a single credit institution (or under one brand name) would be limited to 4 different savings accounts, spread across 3 categories (A, B and C – see below). These 4 types of savings accounts are marketed under different names and/or offer different rate of return formulas for calculating the rate of return. Two thirds of all banks have had to adapt their offer of regulated savings accountsFollowing the agreement, nearly two thirds of all banks had to adapt their offer of regulated savings accounts in order to take into account this limitation and the different categories. The limitation to 4 types of accounts entered into force on 1 July 2024. As at that date, 28 banks/brands were marketing regulated savings accounts. In all, 83 different formulas for calculating returns are available from banks that have signed on to the agreement:37 formulas in category A. These are the ‘classic’ savings accounts, which offer combinations of a base interest rate and a loyalty premium, without any other conditions;25 formulas in category B. These accounts have conditions relating to the amount deposited; that is, there is a maximum or a minimum amount to be held on the savings account, or a (possibly maximum or minimum) monthly deposit to be made to the savings account;7 formulas in category C, which comprises savings accounts linked to a specific age group (e.g. young people);14 formulas on accounts for rental deposits, or accounts designated as being for a third party. These formulas are not included in the limit of 4 accounts/formulas per institution.These 83 formulas for calculating returns represent 78 accounts, since 5 banks/brands offer an account comprising 2 different formulas (i.e. the base rate and the loyalty premium differ according to the amount on the account).Fewer rate of return formulasMost banks/brands offer fewer formulas than the maximum number provided for in the agreement. It should be noted that only one third of all banks/brands offer customers 4 different formulas for their regulated savings accounts, whereas another third of all banks/brands offer a single regulated savings account with one rate of return formula.Closure of most accounts that are no longer being marketedThe banks that have signed on to the agreement decided to close the majority of their regulated savings accounts that were no longer being marketed but were still held by some customers. Some of these accounts offered lower returns than the accounts being actively marketed. Savers who held such accounts were offered the one-time opportunity to convert them into another regulated savings account. At present, only 3 savings accounts that are no longer being marketed are still held by customers of banks hat have signed on to the agreement.New webpages that make it easier to compare the banks’ offersAnother major shift brought about by the entry into force of the agreement was the creation, by all the institutions concerned, of a standardized webpage that provides a uniform overview of the offer of regulated savings accounts by each credit institution active in Belgium. Thanks to this webpage, savers are now able to gain a concise overview of the offer by each institution, and thus to compare more easily the different accounts available on the market.The FSMA’s savings account comparison tool has already been consulted more than 120,000 times The returns on regulated savings accounts can also be easily compared thanks to the latest version of the regulated savings account comparison tool available on the www.wikifin.be website. Since it was updated following the new agreement, the comparison tool has already been visited more than 120,000 times.By way of reminder, there is an interbank mobility service that makes it easy and quick to switch banks. You can find more information on this topic in French and Dutch. Under the terms of its supervisory powers in respect of savings accounts, the FSMA verifies, among other things, whether the key information documents for savers and advertisements for savings accounts comply with the legislation and regulations in force. Over the past few months, the FSMA has, under the powers conferred upon it, also been actively monitoring the implementation of the provisions of the agreement. In order to facilitate the application of the agreement, the FSMA developed in advance, together with the banking sector, a model for the new standardized webpage. At the beginning of January 2024, the new webpages provided for in the agreement were published by the banks, after approval by the FSMA.

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Regulated savings accounts offer simplified

The range of regulated savings accounts on offer has been simplified, based on the agreement reached in 2023 between the Belgian government and the banking sector. The number of types of regulated savings accounts has been reduced, and the vast majority of the accounts that were no longer being marketed but were still held by some customers have been closed. This information comes from an analysis conducted by the Financial Services and Markets Authority (FSMA).Maximum 4 different types of regulated savings accountsThe agreement reached in 2023 between the government and the banking sector provided that the number of regulated savings accounts that can be offered by a single credit institution (or under one brand name) would be limited to 4 different savings accounts, spread across 3 categories (A, B and C – see below). These 4 types of savings accounts are marketed under different names and/or offer different rate of return formulas for calculating the rate of return. Two thirds of all banks have had to adapt their offer of regulated savings accountsFollowing the agreement, nearly two thirds of all banks had to adapt their offer of regulated savings accounts in order to take into account this limitation and the different categories. The limitation to 4 types of accounts entered into force on 1 July 2024. As at that date, 28 banks/brands were marketing regulated savings accounts. In all, 83 different formulas for calculating returns are available from banks that have signed on to the agreement:37 formulas in category A. These are the ‘classic’ savings accounts, which offer combinations of a base interest rate and a loyalty premium, without any other conditions;25 formulas in category B. These accounts have conditions relating to the amount deposited; that is, there is a maximum or a minimum amount to be held on the savings account, or a (possibly maximum or minimum) monthly deposit to be made to the savings account;7 formulas in category C, which comprises savings accounts linked to a specific age group (e.g. young people);14 formulas on accounts for rental deposits, or accounts designated as being for a third party. These formulas are not included in the limit of 4 accounts/formulas per institution.These 83 formulas for calculating returns represent 78 accounts, since 5 banks/brands offer an account comprising 2 different formulas (i.e. the base rate and the loyalty premium differ according to the amount on the account).Fewer rate of return formulasMost banks/brands offer fewer formulas than the maximum number provided for in the agreement. It should be noted that only one third of all banks/brands offer customers 4 different formulas for their regulated savings accounts, whereas another third of all banks/brands offer a single regulated savings account with one rate of return formula.Closure of most accounts that are no longer being marketedThe banks that have signed on to the agreement decided to close the majority of their regulated savings accounts that were no longer being marketed but were still held by some customers. Some of these accounts offered lower returns than the accounts being actively marketed. Savers who held such accounts were offered the one-time opportunity to convert them into another regulated savings account. At present, only 3 savings accounts that are no longer being marketed are still held by customers of banks hat have signed on to the agreement.New webpages that make it easier to compare the banks’ offersAnother major shift brought about by the entry into force of the agreement was the creation, by all the institutions concerned, of a standardized webpage that provides a uniform overview of the offer of regulated savings accounts by each credit institution active in Belgium. Thanks to this webpage, savers are now able to gain a concise overview of the offer by each institution, and thus to compare more easily the different accounts available on the market.The FSMA’s savings account comparison tool has already been consulted more than 120,000 times The returns on regulated savings accounts can also be easily compared thanks to the latest version of the regulated savings account comparison tool available on the www.wikifin.be website. Since it was updated following the new agreement, the comparison tool has already been visited more than 120,000 times.By way of reminder, there is an interbank mobility service that makes it easy and quick to switch banks. You can find more information on this topic in French and Dutch. Under the terms of its supervisory powers in respect of savings accounts, the FSMA verifies, among other things, whether the key information documents for savers and advertisements for savings accounts comply with the legislation and regulations in force. Over the past few months, the FSMA has, under the powers conferred upon it, also been actively monitoring the implementation of the provisions of the agreement. In order to facilitate the application of the agreement, the FSMA developed in advance, together with the banking sector, a model for the new standardized webpage. At the beginning of January 2024, the new webpages provided for in the agreement were published by the banks, after approval by the FSMA.

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Continuing Professional Training 2023 for accredited auditors

The continuing professional training programme for 2024 will take place in person at the premises of the FSMA (rue du Congrès/Congresstraat 12-14, 1000 Brussels). The programme is spread over two sessions on:Tuesday, 19 November 2024 from 2 pm to 5 pm: training session for institutions for occupational retirement provision;Tuesday, 26 November 2024 from 2 pm to 5 pm: training session for undertakings for collective investment, management companies of undertakings for collective investment and regulated real estate companies.You can register for the continuing professional training sessions by filling in the attached form by friday 25 October 2024 at the latest and sending it to the following email address: eca@fsma.be.  Registration is free.Find out more in our Communication FSMA_2024_11 (available in Dutch and French only)

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Continuing Professional Training 2023 for accredited auditors

The continuing professional training programme for 2024 will take place in person at the premises of the FSMA (rue du Congrès/Congresstraat 12-14, 1000 Brussels). The programme is spread over two sessions on:Tuesday, 19 November 2024 from 2 pm to 5 pm: training session for institutions for occupational retirement provision;Tuesday, 26 November 2024 from 2 pm to 5 pm: training session for undertakings for collective investment, management companies of undertakings for collective investment and regulated real estate companies.You can register for the continuing professional training sessions by filling in the attached form by friday 25 October 2024 at the latest and sending it to the following email address: eca@fsma.be.  Registration is free.Find out more in our Communication FSMA_2024_11 (available in Dutch and French only)

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Amendment of the FSMA Regulation on the recognition of compliance officers

The FSMA Regulation of 20 December 2023 entered into force on 13 June 2024. It amends the FSMA Regulation of 27 October 2011 on the recognition of compliance officers.Today, the FSMA is publishing a communication that briefly points out the main amendments:the condition that candidate compliance officers must have at least three years of appropriate experience is relaxed in certain cases for small firms; the interim list of compliance officers is replaced by a single list with all relevant information.Please read Communication FSMA_2024_10 (available in Dutch and French)

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