MiFIR Definitions & Terms

European Economic Area (EEA) - As of October 2017, the EEA consists of the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.


Investment Firms - Article 4 (1) (1) of MiFID II defines investment firm as any legal person whose regular occupation or business is the provision of one or more investment services to third parties and/or the performance of one or more investment activities on a professional basis. The investment services and activities covered by the framework are listed in Section A of Annex I of MiFID II.
 

Transactions Executed - For the purposes of MiFIR Transaction Reporting, a transaction is the conclusion of an acquisition or disposal of one of the financial instruments covered by MiFIR. A transaction is considered to be executed when it resulted from one of the following activities performed by an Investment Firm:

  1. Reception or transmission of orders in relation to one or more financial instruments (exceptions apply under Article 4 of Commission Delegated Regulation (EU) 2017/590);
  2. Execution of orders on behalf of clients;
  3. Dealing on own account;
  4. Making an investment decision in accordance with a discretionary mandate given by a client;
  5. Transfer of financial instruments to or from accounts.

[Ref: Articles 2 and 3 of Commission Delegated Regulation (EU) 2017/590]
 

Financial Instruments Covered by MiFIR - Article 26 (2) of Regulation (EU) No 600/2014 (MiFIR) lays out the transaction reporting obligation with regard to transactions in financial instruments listed below, irrespective of whether or not such transactions are carried out on the trading venue:

  1. Financial instruments which are admitted to trading or traded on a trading venue or for which a request for admission to trading has been made;
  2. Financial instruments where the underlying is a financial instrument traded on a trading venue; and
  3. Financial instruments where the underlying is an index or a basket composed of financial instruments traded on a trading venue.

The financial instruments covered by this requirement are legally enumerated in Section C of MiFID II:
(1) Transferable securities;
(2) Money-market instruments;
(3) Units in collective investment undertakings;
(4) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, emission allowances or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash;
(5) Options, futures, swaps, forwards and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event;
(6) Options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market, a MTF, or an OTF, except for wholesale energy products traded on an OTF that must be physically settled;
(7) Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in point 6 of this Section and not being for commercial purposes, which have the characteristics of other derivative financial instruments;
(8) Derivative instruments for the transfer of credit risk;
(9) Financial contracts for differences;
(10) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event, as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market, OTF, or an MTF;
(11) Emission allowances consisting of any units recognised for compliance with the requirements of Directive 2003/87/EC (Emissions Trading Scheme).
 

Financial Instruments Carried by IBUK - The products covered by the agreement between the client and IBUK, which currently include certain stocks, index options, futures and futures options and Over-the-Counter (“OTC”) products such as Contracts for Differences (“CFDs”), Foreign Currencies, and/or Foreign Currency CFDs (“Forex”) and Precious Metals.

 

Financial Instruments NOT carried by IBUK - The products that are not covered by the agreement between the client and IBUK, as they are covered by “Notice of Execution and Clearing Agreement” [Link to the Agreement], by the “Interactive Brokers LLC Customer Agreement” or other agreement.


National Identifiers - Under MiFIR, natural persons must be reported by using specific national identifiers required under a priority order that depends and varies on the Country of citizenship that is identified as relevant under MiFIR. The identifier can be a passport, a national ID card, a tax or personal code or a concatenation of full name and date of birth (“CONCAT”). IBUK will only request clients to provide national identifiers that are not already available.
 

Legal Entity Identifiers (“LEI”) = 20-character unique identifier based on the ISO 17442 for the global identification of legal entities that engage in financial transactions.
 

Commodity Derivatives Transactions that reduce risk in an objectively measurable way - When reporting transactions in commodity derivatives, IBUK will have to specify whether the transaction reduces risk in an objectively measurable way in accordance with Article 57 of Directive 2014/65/EU (“Art 57”).
IBUK will allow such transactions only from accounts held by entities that are non-financial entities using the account for trades in commodity derivatives that are intended to objectively reduce risk directly relating to their commercial activity in accordance with Art 57. (e.g. company that produces wheat that trades in such derivatives to hedge its commercial activity).

Account holders that make such a declaration in the Trading Permission section of their Account Management, agree that all the transactions executed in commodity derivatives for that account will be executed for reducing the risk under Art 57, and IBUK will report the relevant transactions accordingly.


Individual or algorithm responsible at the reporting firm for making the investment decision - Under MiFIR, Investment Firms are required to include in their transaction reports the identification of the individual or algorithm that was primarily responsible for making the investment decision within the firm to acquire or dispose of a financial instrument. Only one individual or algorithm can be identified as responsible with regard to a transaction, and Investment Firms must identify such individual or algorithm as specified in Article 8 of commission delegated regulation (EU) 2017/590.

In accordance with these requirements, IBUK has implemented a new section in Account Management and new features in the IB Trader Workstation to allow Investment Firms that report their transactions through IBUK to identify individuals and algorithms in compliance with the new obligations.


Individual responsible at the reporting firm for the execution of a transaction - Art 9 of Commission Delegated Regulation (EU) 2017/590 requires Investment Firms to identify individuals or algorithms responsible for determining which trading venue to access […], which firms to transmit orders to or any other condition related to the execution of an order. While this requirement applies only to IBUK for the majority of the transactions reports, because IBUK is usually the entity that executes the transaction, when an order is submitted by an Investment Firm that transaction reports through IBUK via the Delegated Transaction Reporting, the specific user that has submitted the order will be reported as responsible for executing the transaction.
 

Article 4 of commission delegated regulation (EU) 2017/590 - Transmission of an order

1. An investment firm transmitting an order pursuant to Article 26(4) of Regulation (EU) No 600/2014 (transmitting firm) shall be deemed to have transmitted that order only if the following conditions are met:

(a) the order was received from its client or results from its decision to acquire or dispose of a specific financial instrument in accordance with a discretionary mandate provided to it by one or more clients;

(b) the transmitting firm has transmitted the order details referred to in paragraph 2 to another investment firm (receiving firm);

(c) the receiving firm is subject to Article 26(1) of Regulation (EU) No 600/2014 and agrees either to report the transaction resulting from the order concerned or to transmit the order details in accordance with this Article to another investment firm.
 

For the purposes of point (c) of the first subparagraph the agreement shall specify the time limit for the provision of the order details by the transmitting firm to the receiving firm and provide that the receiving firm shall verify whether the order details received contain obvious errors or omissions before submitting a transaction report or transmitting the order in accordance with this Article.

2. The following order details shall be transmitted in accordance with paragraph 1, insofar as pertinent to a given order:

(a) the identification code of the financial instrument;

(b) whether the order is for the acquisition or disposal of the financial instrument;

(c) the price and quantity indicated in the order;

(d) the designation and details of the client of the transmitting firm for the purposes of the order;

(e) the designation and details of the decision maker for the client where the investment decision is made under a power of representation;

(f) a designation to identify a short sale;

(g) a designation to identify a person or algorithm responsible for the investment decision within the transmitting firm;

(h) country of the branch of the investment firm supervising the person responsible for the investment decision and country of the investment firm's branch that received the order from the client or made an investment decision for a client in accordance with a discretionary mandate given to it by the client;

(i) for an order in commodity derivatives, an indication whether the transaction is to reduce risk in an objectively measurable way in accordance with Article 57 of Directive 2014/65/EU;

(j) the code identifying the transmitting firm.

For the purposes of point (d) of the first subparagraph, where the client is a natural person, the client shall be designated in accordance with Article 6. For the purposes of point (j) of the first subparagraph, where the order transmitted was received from a prior firm that did not transmit the order in accordance with the conditions set out in this Article, the code shall be the code identifying the transmitting firm. Where the order transmitted was received from a prior transmitting firm in accordance with the conditions set out in this Article, the code provided pursuant to point (j) referred to in the first subparagraph shall be the code identifying the prior transmitting firm. 

 3. Where there is more than one transmitting firm in relation to a given order, the order details referred to in points (d) to (i) of the first subparagraph of paragraph 2 shall be transmitted in respect of the client of the first transmitting firm.

4. Where the order is aggregated for several clients, information referred to in paragraph 2 shall be transmitted for each client.
 

Also see:

Overview of MIFIR Transaction Reporting

MiFIR Enriched and Delegated Transaction Reporting for EEA Investment Firms

MiFIR Information Required from Account Holders that do not have Reporting Obligations

 

MiFIR Information Required from Account Holders that do not have Reporting Obligations

The MiFIR Transaction Reporting regime requires EEA Investment Firms, like IBUK, to include specific client identifiers in their transaction reports.

Accounts that trade in financial instruments carried by Interactive Brokers (U.K.) Limited (“IBUK”) will need to be identified in IBUK’s reports by using specific identifiers that may or may not be already available to IBUK.

Similarly, EEA Investment Firms that use the IB platform for their clients’ orders and have elected to transaction report through IBUK will have to use the same identifiers for their client orders. If you are the client of such a firm, IBUK may need additional information from you to complete the transaction reports.

This information will have to be provided to IBUK by 30 November 2017.

New Information Required
When additional information is necessary for this purpose, clients will be asked to provide it via the completion of an electronic form available in the Account Management.

The information requested for these accounts is:

  • - All countries of citizenship for natural persons that are account holders and authorised traders;
  • - A specific National Identifier for natural persons that are account holders and authorised traders;
  • The Legal Entity Identifier for legal entities. Clients that do not have an LEI will be able to apply for one through IBUK.
  • For organisation accounts, an indication as to whether the Legal Entity is a non-financial entity using the account for trades in Commodity Derivatives Transactions to reduce risk in an objectively measurable way in accordance with Article 57 of MiFID II.

 Note: For a listing of common MiFIR definitions and terms, see KB2980

THIS INFORMATION IS GUIDANCE FOR INTERACTIVE BROKERS CLEARED CLIENTS ONLY. THIS GUIDANCE DOES NOT APPLY TO EXECUTION ONLY ACCOUNTS.

NOTE: THE INFORMATION ABOVE IS NOT INTENDED TO BE A COMPREHENSIVE OR EXHAUSTIVE GUIDANCE AND IT IS NOT A DEFINITIVE INTERPRETATION OF THE REGULATION, BUT A SUMMARY OF MiFIR TRANSACTION REPORTING OBLIGATIONS.

MiFIR Enriched and Delegated Transaction Reporting for EEA Investment Firms

A new Directive 2014/65/EC (“MiFID II”) and Regulation (EU) No 600/2014 (“MiFIR”) have introduced new requirements for the reporting of transactions executed by EEA Investment Firms in financial instruments covered by MiFID II. (“MiFIR Transaction Reporting”)

Who is Subject to the MiFIR Transaction Reporting Requirements?
All European Economic Area (“EEA”) Investment Firms are subject to the new requirements and will have to report all transactions executed in financial instruments covered by MiFIR within one working day from their execution.

Interactive Brokers (U.K.) Limited (“IBUK”) will offer assistance to all Interactive Brokers Group (“IB”) clients that are EEA Investment Firms in complying with the new requirements.

With the exception of Omnibus Introducing Brokers that utilise the IB platform (in which all their underlying client positions are held in one or more omnibus accounts), all IB clients that are EEA Investment Firms will be able to elect to have IBUK report on their behalf. IBUK will report for IB clients based on two distinct reporting mechanisms implemented in accordance with the Regulation: Enriched Transaction Reporting and Delegated Transaction Reporting.

 

ENRICHED TRANSACTION REPORTING
In compliance with Article 4 of Commission Delegated Regulation (EU) 2017/590, if IBUK includes details of orders submitted by clients that are EEA Investment Firms (“the transmitting firm”) in its own transaction reports, the transmitting firm is exempt from reporting these transactions.

Enriched Transaction Reporting will only apply to transactions in financial instruments carried by IBUK submitted for execution by an EEA Investment Firm for the benefit of the Investment Firm’s clients (for example, a Financial Advisor, Fund Manager or Introducing Broker Account submitting orders for its clients' subaccounts).

 

DELEGATED TRANSACTION REPORTING
Delegated Transaction Reporting services are provided by IBUK to EEA Investment Firms for all other transactions submitted by the Investment Firm.

This includes transactions entered by the Investment Firm for its own proprietary account, transactions submitted on the basis of discretionary mandates given by their clients and transactions in Financial Instruments for which IB UK is not the carrying broker (i.e., any transaction in a financial instrument where another IB affiliate is the carrying broker). Delegated transaction reporting does not apply where the trades are submitted directly by clients of the Investment Firm.

These reports will be submitted to the National Competent Authority (“NCA”) of the Country of legal residence recorded in the Legal Entity Identifier of the account for which the Delegated Transaction Reporting was enabled (e.g., if the Investment Firm’s legal residence is Netherlands, transactions will be reported to the Authority for the Financial Markets (AFM)).

Clients will only need to sign one agreement with IBUK to cover both Enriched and Delegated Transaction Reporting.


How to Sign Up for the Enriched and Delegated Transaction Reporting Service
EEA Investment Firms (other than Non-Disclosed Introducing Brokers and Omnibus Introducing Brokers) will be prompted to complete an electronic form in the Account Management system during which it will be possible to accept to use IB’s Enriched and Delegated Transaction Reporting Service.

Given that IB may not have complete identity information for the underlying clients of Non-Disclosed Introducing Brokers, Investment Firms that are Non-Disclosed Introducing Brokers will not receive the above electronic form unless they specifically contact the IB Client Services Department to request the use of IBUK’s Enriched and Delegated Transaction Reporting Service and provide the required information.

EEA Investment Firms that are Omnibus Introducing Brokers on the IB platform will not have the ability to activate the Enriched and Delegated Transaction Reporting.

EEA Investment Firms that utilise IB’s Enriched and Delegated Transaction Reporting Service will need to sign the relevant legal agreement and provide the following information:

  • Legal Entity Identifier (“LEI”). Clients that do not have an LEI, will be able to apply for one through IBUK;
  • The citizenship(s) for each authorised trader and further information as required by the national client identifier requirements for the relevant country;
  • Individuals or Algorithms that can be responsible for making the investment decision within the investment firm:
    1. Individual active traders who have been previously selected as possible investment decision makers within the firm. Only individuals that are authorised as traders on the account will be allowed;
    2. Algorithm identifiers provided for algorithms that the firm may use for making investment decisions. It is the client’s responsibility to determine and provide algorithm identifiers in compliance with the regulation.

How the New Requirements Will Affect the Account Management and the IB Order Entry System
Some of the information required for the submission of a transaction report may change on an order by order basis, and may require input of the person submitting the trade. Hence, IB has amended IB Account Management and the IB Order Entry System to allow traders to provide the necessary information.

Accounts that want to use IB’s Enriched and Delegated Transaction Reporting Service shall select the authorised traders, and list the Algorithm IDs that may be responsible for making an investment decision.

The traders and algorithms listed in Account Management will be displayed in a new dropdown field of the IB Trader Workstation at the time of the order submission. This field will show the default value selected in Account Management of the account. The client will be able to change this by selecting another value present in the dropdown list.

The IB Trader Workstation will allow an authorised trader on the account for which the Enriched and Delegated Transaction Reporting was activated to select one person or algorithm as responsible for the investment decision within the firm with regard to the specific order submitted.

 Note: For a listing of common MiFIR definitions and terms, see KB2980

 

THIS INFORMATION IS GUIDANCE FOR INTERACTIVE BROKERS CLEARED CLIENTS THAT ARE INVESTMENT FIRMS ONLY. THIS GUIDANCE DOES NOT APPLY TO EXECUTION ONLY ACCOUNTS.

NOTE: THE INFORMATION ABOVE IS NOT INTENDED TO BE A COMPREHENSIVE OR EXHAUSTIVE GUIDANCE AND IT IS NOT A DEFINITIVE INTERPRETATION OF THE REGULATION, BUT A SUMMARY OF MiFIR TRANSACTION REPORTING OBLIGATIONS.

 

Overview of MIFIR Transaction Reporting

Background
On 3 January 2018, a new Directive 2014/65/EC (“MiFID II”) and Regulation (EU) No 600/2014 (“MiFIR”) become effective, introducing significant changes to the transaction reporting (“MiFIR Transaction Reporting”) framework that was created in 2007 with the Markets in Financial Instrument Directive (“MiFID I”).

Interactive Brokers (U.K.) Limited (“IBUK”) has implemented a new transaction reporting system that will enable IBUK and Interactive Brokers Group (“IB Group”) clients that have direct reporting obligations under the new Regulation to comply with the new MiFIR requirements.

Affected clients will need to provide additional information to Interactive Brokers in order to continue trading through their accounts when the new reporting requirements become effective on 3 January 2018. Interactive Brokers will be requesting the required information electronically to facilitate its collection.

Affected clients will be requested to provide this information promptly and no later than 30 November 2017.
 

Scope of MiFIR Transaction Reporting Obligations

MiFIR Transaction Reporting applies to European Economic Area (“EEA”) Investment Firms, like IBUK, and also to EEA Investment Firms that use IBUK or other Interactive Brokers Group affiliates to execute orders. As a client of IBUK or of an Investment Firm that uses the IB platform, you may be required to provide additional information to allow the proper transaction reports to be filed.

EEA Investment Firms are obliged to report complete and accurate details of transactions executed in financial instruments covered by MiFIR to the relevant National Competent Authority (“NCA”) no later than the close of the next day.

MiFIR has widened the scope of reportable financial instruments to cover those that are traded on EEA Regulated Exchanges, Multilateral Trading Facilities (“MTFs”) and Organised Trading Facilities (“OTFs”). In addition to transactions executed on EEA exchanges, MiFIR will capture Over The Counter (“OTC”) transactions and transactions of EEA listed financial instruments that are executed on non-EEA trading venues, e.g. a stock listed on the LSE traded on NYSE. (see financial instruments covered by MiFIR).


MiFIR Transaction Reporting Solutions for IB Clients that are EEA Investment Firms: Enriched and Delegated Transaction Reporting
IB clients that have confirmed that they are an EEA Investment Firm subject to MiFIR transaction reporting obligations will be offered the option to delegate their reporting obligations to IBUK.

Some transactions executed by these EEA Investment Firms will be reported by IBUK under “Enriched Reporting” obligations. For these trades IBUK will add details about the Investment Firm to its own reports, satisfying the reporting obligations of the Investment Firm. Other transactions will only be reported on behalf of Investment Firms on a delegated basis, as separate reports in addition to IBUK own reports. Clients will only need to sign one agreement with IBUK to cover both types of reporting.
 

Information to Be Reported
The reporting fields have increased from 23 under the MiFID I regime to 65 under MIFIR. The new information requirements now include, among other items:

  • Detailed identification of the buyer and the seller for each transaction. In particular, the Regulation requires the provision of Legal Entity Identifiers (“LEI”) for legal entities and National Identifiers for natural persons (based on their countries of citizenship).
  • Identification of the Decision Maker for the buyer and the seller when a third-party exercises discretion:
    • A person other than the account holder on an individual or joint account, or a third-party entity.
    • A third-party other than the authorised traders on the account for an organisation account (e.g. a Financial Advisor trading for its clients’ subaccounts).

This information is not required where the account holder is self-trading or where authorised traders are trading for their own organisation.

  • Identification of the person or algorithm that is responsible at the reporting firm for making the investment decision or for the execution of a transaction. This information is required for EEA Investment Firms that use our reporting services.
  • For Commodity Derivatives Transactions, an indication as to whether such Commodity Derivatives Transactions reduce risk in an objectively measurable way in accordance with Article 57 of MiFID II; This is applicable to organisation accounts only when the holder is a non-financial entity.

The new information affects Interactive Brokers clients in different ways depending on whether the client is an EEA Investment Firm, or an organisation/person that is not an Investment Firm, and also depending on whether the financial instruments being traded are carried by IBUK or another Interactive Brokers Group affiliate.
 

Implications for IB Clients that are not Subject to MiFIR Transaction Reporting Obligations
In order to meet its own reporting obligations, IBUK is obliged to identify and report its immediate client for each transaction executed. The reporting must contain the new client identifiers mandated by the Regulations.

Therefore, IBUK will need to obtain and report a client identifier for:

  • IBUK direct clients that hold an account to trade financial instruments carried by IBUK;
  • Clients that are EEA Investment Firms and utilise the Interactive Brokers reporting services;
  • Clients that are subaccounts of an EEA Investment Firm that uses the Interactive Brokers platform and utilises our reporting services.

See KB2976 for further details on the information required from account holders that are not directly subject to MiFIR.

 

Note: For a listing of common MiFIR definitions and terms, see KB2980

 

THIS INFORMATION IS GUIDANCE FOR INTERACTIVE BROKERS CLEARED CLIENTS ONLY. THIS GUIDANCE DOES NOT APPLY TO EXECUTION ONLY ACCOUNTS.

NOTE: THE INFORMATION ABOVE IS NOT INTENDED TO BE A COMPREHENSIVE OR EXHAUSTIVE GUIDANCE AND IT IS NOT A DEFINITIVE INTERPRETATION OF THE REGULATION, BUT A SUMMARY OF MiFIR TRANSACTION REPORTING OBLIGATIONS.
 

Ордера приоритетных или профессиональных клиентов

В 4-ом квартале 2009 года определенные американские биржи опционов (CBOE, ISE) ввели правила, различающие ордера публичных клиентов со статусом "Профессионал" (т.е. лиц с доступом к данным и/или технологиям, которые в некоторой мере позволяют им торговать как брокер-дилер) и розничные ордера.  Согласно этим правилам, если клиент не является брокером-дилером, а среднедневной объем опционных ордеров, размещенных на его счетах, в каком-либо месяце превышает 390 (независимо от того, исполняются ли они или нет), он будет классифицирован как "Профессионал". После первичной интеграции на CBOE и ISE похожие нормы опознавания "профессиональных" ордеров были введены и большинством других опционных бирж США.

Уровень важности исполнения ордеров, размещенных на данных биржах от имени профессиональных клиентов, будет соответствовать ордерам брокеров-дилеров. На них также будет налагаться плата за контракт, которая может колебаться от рибейтов в $0.65 до сборов в $1.12 (в зависимости от класса опционов). 

Брокеры обязаны производить ежеквартальную проверку для выявления клиентов, которые превысили порог в 390 ордеров за любой месяц рассматриваемого периода и которым в следующем квартале будет присвоен статус "Профессионал". Обращаем внимание, что в рамках данного правила спред-ордера рассматриваются как один ордер, т.е. леги не считаются отдельными сделками. Клиенты, подпадающие под действие этого предписания, будут уведомлены IB.  Вдобавок, Smart-маршрутизатор IB будет учитывать эти новые биржевые сборы, принимая решение, куда направить ордер.

Дополнительную информацию можно найти по следующим ссылкам:

Нормативный циркуляр ISE 2009-179

Нормативный циркуляр CBOE RG09-148

Common Reporting Standard (CRS)

The Common Reporting Standard (CRS), referred to as the Standard for Automatic Exchange of Financial Account Information (AEOI), calls on countries to obtain information from their financial institutions and exchange that information with other countries automatically on an annual basis. The CRS sets out the financial account information to be exchanged, the financial institutions required to report, the different types of accounts and taxpayers covered, as well as common due diligence procedures to be followed by financial institutions.
 
Interactive Brokers will comply with the OECD's Common Reporting Standard – Automatic Exchange of Information (CRS-AEOI).
 
  • What is reported:
    • Name
    • Address
    • Tax ID Number
    • Tax Country
    • Date of Birth
    • Place of Birth
    • Year-end account balance
    • Gross Proceeds (all sales)
    • Interest income
    • Dividend income
  • To whom is the information reported:
    • For accounts held by the Interactive Brokers U.K. entity, the above information will be reported to HM Revenue & Customs of the United Kingdom. (During the first reporting period in May 2017, only Jurisdiction 1 countries will be reported.) The list can be found on the OECD website by clicking here http://www.oecd.org/tax/transparency/AEOI-commitments.pdf
    • For accounts held by Interactive Brokers Hong Kong entity, the above information will be reported to Inland Revenue Department of Hong Kong.
    • For accounts held by Interactive Brokers Japan entity, the above information will be reported to National Tax Agency of Japan
    • For accounts held by Interactive Brokers India entity, the above information will be reported to Income Tax Department of Japan
    • For accounts held by Interactive Brokers Canada entity, the above information will be reported to the Canada Revenue Agency
    • For accounts held by Interactive Brokers LLC, there is no reporting since the United Sates has not signed the CRS.
  • When will reporting take place and for what timeframe:
    • For IB UK accounts, the information will be reported for the first time in May 2017 for the calendar year 2016
    • For IB India, the information will be reported for the first time in May 2017 for the calendar year 2016
    • For IB HK, the information will be reported for the first time in May 2018 for the calendar year 2017
    • For IB Japan, the information will be reported for the first time in May 2018 for the calendar year 2017
    • For IB Canada, the information will be reported for the first time in May 2018 for the calendar year 2017
    • Non-Disclosed Introducing Brokers are responsible for their own reporting

 

SEC Tick Size Pilot Program

Background

Effective October 3, 2016, securities exchanges registered with the SEC will operate a Tick Size Pilot Program ("Pilot") intended to determine what impact, if any, widening of the minimum price change (i.e., tick size) will have on the trading, liquidity, and market quality of small cap stocks.  The Pilot will last for 2 years and it will include approximately 1,200 securities having a market capitalization of $3 billion or less, average daily trading volume of 1 million shares or less, and a volume weighted average price of at least $2.00.

For purposes of the Pilot, these securities will be organized into groups that will determine a minimum tick size for both quote display and trading purposes. For example, Test Group 1 will consist of securities to be quoted in $0.05 increments and traded in $0.01 increments and Test Group 2 will include securities both quoted and traded in $0.05 increments.  Test Group 3 will include also include securities both quoted and traded in $0.05 increments, but subject to Trade-at rules (more fully explained in the Rule). In addition, there will be a Control Group of securities that will continue to be quoted and traded in increments of $0.01. Details as to the Pilot and securities groupings are available on the FINRA website.

 

Impact to IB Account Holders 

In order to comply with the SEC Rules associated with this Pilot, IB will change the way that it accepts orders in stocks included in the Pilot.  Specifically, starting October 3, 2016 and in accordance with the phase-in schedule, IB will reject the following orders associated with Pilot Securities assigned to Test Groups:

  • Limit orders having an explicit limit that is not entered in an increment of $0.05;
  • Stop or Stop Limit orders having an explicit limit that is not entered in an increment of $0.05; and
     
  • Orders having a price offset that is not entered in an increment of $0.05.  Note that this does not apply to offsets which are percentage based and which therefore allow IB to calculate the permissible nickel increment

 Clients submitting orders via the trading platform that are subject to rejection will receive the following pop-up message:

 

 The following order types will continue to be accepted for Pilot Program Securities:

  • Market orders;
  • Benchmark orders having no impermissible offsets (e.g., VWAP, TVWAP);
  • Pegged orders having no impermissible offsets ;
  • Retail Price Improvement Orders routed to the NASDAQ-BX and NYSE as follows:
    - Test Group 1 in .001

      - Test Group 2 and 3 in .005

     
 

Other Items of Note

  • GTC limit and stop orders entered prior to the start of the Pilot will be adjusted as allowed (e.g., a buy limit order at $5.01 will be adjusted to $5.00 and a sell limit at $5.01 adjusted to $5.05).
  • Clients generating orders via third-party software (e.g., signal provider), order management system, computer to computer interfaces (CTCI) or through the API, should contact their vendor or review their systems to ensure that all systems recognize the Pilot restrictions.
  • Incoming orders to IB that are marked with TSP exception codes from other Broker Dealers will not be acted upon by IB. For example, IB will not accept incoming orders marked with the Retail Investor Order or Trade-At ISO exception codes.
  • The SEC order associated with this Pilot is available via the following link: https://www.sec.gov/rules/sro/nms/2015/34-74892-exa.pdf
  • For a list of Pilot Program related FAQs, please see KB2750

 

Please note that the contents of this article are subject to revision as further regulatory guidance or changes to the Pilot Program are issued.

 

 

Amendment Requirements for SEC 13D and 13G Filers

Introduction

The following article is intended to provide an overview of U.S. Securities and Exchange Commission (“SEC”) Sections 13(d) and 13(g) Amendment Requirements. The overview is general in nature, and readers are encouraged to review the specific regulations and/or consult with a compliance professional to determine the applicability to their particular situation.

 

Amendment Requirements for 13D Filers

Rule 13d-2 of the Securities Exchange Act of 1934 (the "Act") requires you to promptly, within two business days, amend Schedule 13D whenever material changes in the information disclosed on a Schedule 13D occur. A material change includes any material increase or decrease in the percentage of the class of securities you are deemed to "beneficially own." For instance, if you manage more than 5% in the shares of an issuer and the percentage managed increases or decrease by more than 1% (whether through a transaction or other event), you must amend your 13D filing.

You must continue to make appropriate amendments so long as you continue to manage more than 5% of any class of an issuer's voting shares. If you fall below the 5% threshold, you must make one (final) amendment notifying the SEC of this.

There are also other circumstances that qualify as a material change requiring an amendment. For instance, if you acquire warrants that are not exercisable within 60 days, you may still need to amend Schedule 13D to revise your discussion of your plans concerning the acquisition of additional securities and related contracts, even if the amount of voting shares you manage has not yet changed.

 

 

Amendment Requirements for 13G Filers

Qualified institutional investors, including investment advisors registered with the SEC or a state, must amend their Schedule 13G within 10 days after the end of the first time their "beneficial ownership" exceeds 10% of the class of equity securities at month end.

After that, qualified institutional investors must amend their Schedule 13G within 10 days from when their "beneficial ownership" increases or decreases by more than 5% of the class of securities over the amount held at the previous month end.

Qualified institutional investors must also file a Schedule 13D within 10 calendar days after they cease being eligible to file a Schedule 13G rather than a Schedule 13D.

In addition, passive investors beneficially owning less than 20% of an equity security must amend their Schedule 13G promptly, within two business days, after acquiring beneficial ownership of more than 10% of the class of equity securities, and after that, within two business days of increasing or decreasing their ownership by more than 5%.

You must also file an annual amendment to the 13G if there have been any changes - immaterial or material - to your filed 13G. This must be done within 45 days of year end. You do not need to file an amendment if there have been no changes to the information filed or if the only change is to the percentage of securities owned resulting solely from a change in the number of shares outstanding.

 

 

 

Important Notes

 

· You should independently review your Schedule 13D and 13G filing obligations. There are many factual determinations that may impact whether you must make a filing or amend a prior filing, which Schedule you must file (or amend), and when you must make your filing.

 

· Interactive Brokers will provide you with notices, on a best efforts basis, only when you cross certain thresholds (5%, 10%, 20%) or a significant change in the percentage of shares you manage occurs. There may be other situations that give rise to the need to file or amend a Schedule 13D or Schedule 13G for which you will not receive an alert from Interactive Brokers.

 

· You should monitor holdings of specific classes of issuer equity securities in the accounts you manage to ensure compliance with your Schedule 13D or 13G filing and amendment obligations.

 

· Notices do not cover (nor will they take into account) certain securities not commonly traded through Interactive Brokers, namely equities in:

a. an insurance company that would have to be registered except for the exemption from registration in Section 12(g)(2)(G) of the Act;

b. a closed-end investment company registered under the Investment Company Act of 1940; or

c. a Native Corporation pursuant to Section 1639c(d)(6) of title 43.

You should therefore separately account for and analyze any holdings of such equity securities you may have to comply with Section 13(d) of the Act.

 

· Alerts sent are based exclusively on the beneficial ownership of relevant securities of the specific advisor identified. It does not account for any group aggregation rules that may apply when two or more persons agree to act together for the purpose of acquiring, holding, voting or disposing of the equity securities of an issuer.

 

· Alerts sent relate solely to holdings in accounts maintained at Interactive Brokers and not any accounts maintained elsewhere. But you should take any accounts you maintain elsewhere into consideration when determining whether you must file or amend a Schedule 13D or 13G and what information to include in those schedules.

 

· Alerts sent will not take into consideration your Schedule 13D or 13G filing obligations arising prior to the date of Interactive Broker's implementation of this alert program.
 

 

 

 

For Additional Information

For more information on Schedules 13D and 13G, please visit the SEC website at

http://www.sec.gov/answers/sched13.htm and

https://www.sec.gov/divisions/corpfin/guidance/reg13d-interp.htm

SEC Sections 13(d) and 13(g) Filing Requirements

Introduction

The following article is intended to provide an overview of U.S. Securities and Exchange Commission (“SEC”) Sections 13(d) and 13(g) Filing Requirements. The overview is general in nature, and readers are encouraged to review the specific regulations and/or consult with a compliance professional to determine the applicability to their particular situation.

Background on Schedules 13D and 13G

These rules apply to anyone who “beneficially owns” Section 12 securities as defined in the Act. This generally includes shares you own or manage. Specifically, you are deemed to “beneficially own” for purposes of Section 13(d) a security if you have, either directly or indirectly:
• The power to vote or direct the voting of a security;
• The power to dispose or direct the disposition of a security; or
• The right to acquire “beneficial ownership” of such security within 60 days through the exercise of an option or warrant or the exercise of a conversion right in a convertible security.

To determine whether you “beneficially own” more than 5% of a class of equity security, measure the amount you are deemed to “beneficially own” against the total amount of outstanding securities of that class. You may rely upon the issuer’s most recent quarterly or annual report (10-Q or 10-K) filed with the SEC and any current report (Form 8-K) filed later in identifying the amount of outstanding shares. You must include any equity securities you may obtain within 60 days through the conversion or exercise of options, warrants or other as outstanding shares in this calculation. But you do not need to include similar non-exercised or converted shares held by anyone else.
 

 

What filings you must make

Your initial Schedule 13D filing must be made within 10 days of the trade date on which you first exceeded the 5% threshold. Disclosures in Schedule 13D must be current through the date of filing.

Schedule 13D filings must also be promptly amended, within two business days, to reflect any material changes. This includes the acquisition or disposition of 1% or more of the reported securities or significant changes in any intent you may have to control the issuer.

Some traders may be able to file an abbreviated filing—called a 13G—instead of a 13D. This option is available to passive investors owning less than 20% of the security or exempt investors owning more than 5% of an issuer’s shares before the issuer’s registration of the class of securities. In addition, SEC or state-registered advisors can only file a Schedule 13G if they have acquired the relevant securities in the ordinary course of the firm’s advisory business and not for the purpose of or with the effect of influencing control of the issuer. Also, the advisor must have notified any discretionary account owner on whose behalf the advisor holds more than 5% of relevant equity securities of his potential reporting obligation. Very specific filing thresholds and deadlines apply to initial and amended Schedule 13G filings.
 

 

Important Notes

• Please keep in mind that your clients and your firm’s direct and indirect control persons(which may include partners, shareholders and parent companies) may have their own independent reporting obligations.

• You should independently review your Schedule 13D and 13G filing obligations. There are many factual determinations that may impact whether you must make a filing or amend a prior filing, which Schedule you must file (or amend), and when you must make your filing.

Interactive Brokers will provide you, on a best efforts basis, with notices only when you cross certain thresholds (5%, 10%, 20%) or a significant change in the percentage of shares you manage occurs. There may be other situations that give rise to the need to file a Schedule 13D or 13G for which you will not receive an alert from Interactive Brokers.

Interactive Brokers will only send you one initial filing alert for each threshold you cross. We will only resend you an initial filing alert if you cross one of the three thresholds (5%, 10% or 20%) that is higher than the threshold you have crossed before. (i.e., we will not tell you if you crossed the 5% threshold if you have already crossed the 10% threshold.) Therefore, please continually monitor your positions and make the appropriate filing(s) after you receive an initial filing or amendment notice.

You should monitor holdings of specific classes of issuer equity securities in the accounts you manage to ensure compliance with your Schedule 13D or 13G filing and amendment obligations.

• Notices do not cover (nor will they take into account) certain securities not commonly traded through Interactive Brokers, namely equities in:

a. an insurance company that would have to be registered except for the exemption from registration in Section 12(g)(2)(G) of the Act;

b. a closed-end investment company registered under the Investment Company Act of 1940; or

c. a Native Corporation pursuant to Section 1639c(d)(6) of title 43.

You should therefore separately account for and analyze any holdings of such equity securities you may have to comply with Section 13(d) of the Act.

• Alerts sent are based exclusively on the beneficial ownership of relevant securities of the specific advisor identified. The alerts will not account for any group aggregation rules that may apply when two or more persons agree to act together for the purpose of acquiring, holding, voting or disposing of the equity securities of an issuer.

Alerts sent relate solely to holdings in accounts maintained at Interactive Brokers and not any accounts maintained elsewhere. But you should take any accounts you maintain elsewhere into consideration when determining whether you must file or amend a Schedule 13D or 13G and what information to include in those schedules.

• Alerts sent will not take into consideration your Schedule 13D or 13G filing obligations arising prior to the date of Interactive Broker's implementation of this alert program.
 

For Additional Information

For more information on Schedules 13D and 13G, please visit the SEC website at:

http://www.sec.gov/answers/sched13.htm  and 

https://www.sec.gov/divisions/corpfin/guidance/reg13d-interp.htm
 

Schedule 13D and 13G Reporting by Certain Beneficial Owners of Voting Equity Securities

 

Overview
 
The Securities and Exchange Commission (“SEC”) requires large holders of certain securities to file a Schedule 13D. Specifically, people or groups that beneficially own more than 5% of a voting class of any equity security registered under Section 12 of the Securities Exchange Act of 1934 (the “Act”) must file a Schedule 13D with the SEC. In some situations, these people may be eligible to make an abbreviated filing, Schedule 13G instead of Schedule 13D. 
 
What securities trigger this obligation?
 
Section 13(d) of the Securities Exchange Act of 1934 (the “Act”) imposes reporting obligations on those who own or manage more than 5% of any voting class of the following types of equity securities:
·         Any security registered under Section 12 of the Act;
·         Any security of an insurance company that would have been required to be so registered except for the exemption in section 12(g)(2)(G) of the Act; and
·         Any security issued by a closed-end investment company registered under the Investment Company Act of 1940. 
 
Holding non-voting securities does not trigger any obligation to file a Schedule 13D or 13G. Securities are generally deemed voting if the holders of the class are “presently entitled to vote for election of directors.” Securities that are non-voting but provide the holder with voting rights under certain circumstances remain non-voting until these circumstances occur and the shares actually become voting. 
 
Who qualifies as a “beneficial owner”?
 
These rules apply to anyone who “beneficially owns” Section 12 securities as defined in the Act. This generally includes persons who directly or indirectly have sole or share voting or investment power with respect to the security. Specifically, you may be deemed to “beneficially own” a security for purposes of Section 13(d) if you have, either directly or indirectly:
·         The power to vote or direct the voting of a security;
·         The power to dispose or direct the disposition of a security; or
·         The right to acquire “beneficial ownership” of such security within 60 days through the exercise of an option or warrant or the exercise of a conversion right in a convertible security.
 
An indirect beneficial owner is one who is able to control the decisions of the direct beneficial owner. Several persons may share beneficial ownership if they jointly make the voting or investment decisions with respect to the subject securities. 
 
A parent company will be deemed to have indirect or shared beneficial ownership of any shares beneficially owned by its subsidiaries. In situations where subsidiaries exercise voting and investment power over the securities independently from the parent, parent aggregation may not be required.  
 
Under certain circumstances, persons who agree to act together on acquiring, holding, voting or disposing of an issuer’s securities (e.g., pursuant to a shareholders’ agreement) may be deemed members of a group, and each group members is deemed to beneficially own the securities held by the other members of the group.  For instance, a group may be deemed formed for these reporting purposes if it retains a common advisor in an attempt to influence a management decision. 
 
Investment advisors are deemed to beneficially own the securities held in any account over which they have discretion. Advisors are also deemed to beneficially own securities held in nondiscretionary accounts to the extent that the advisors have or share de facto authority to direct the voting or disposition of the securities held in the nondiscretionary accounts. 
 
You are generally deemed to beneficially own any securities over which you have the right to acquire beneficial ownership within sixty days. An option or right convertible into an equity security within sixty days will not be deemed to confer beneficial ownership to the holder if the conversion is subject to material contingencies outside of the holder’s control.  Any person acquiring a security with the purpose or effect of changing or influencing control of the issuer is deemed to be the beneficial owner of such securities immediately upon their acquisition, without taking into consideration the sixty-day timeframe. Also, you may need to disclose options or rights that are not convertible into an equity security within sixty days or that otherwise do not confer beneficial ownership if there are plans to acquire additional equity securities (Item 4 of Schedule 13D) or contracts concerning the subject securities (Item 6 of Schedule 13D). 
 
Schedule 13D initial filings  
 
“Beneficial owners” must file an initial Schedule 13D within ten days of the trade date of the first acquisition causing their holdings to exceed the 5% threshold.  Disclosures in Schedule 13D must be current through the date of filing. 
 
To determine whether you “beneficially own” more than 5% of a class of an equity security, you need to measure the amount you are deemed to “beneficially own” against the total amount of outstanding securities of that class. For information on the total amount of the class currently outstanding, a beneficial owner may rely upon the issuer’s most recent quarterly or annual report (10-Q or 10-K) filed with the SEC and any current report (Form 8-K) filed later. You must include any equity securities you may obtain within 60 days through the conversion or exercise of options, warrants or outstanding shares in this calculation. But you do not need to include similar non-exercised or converted shares held by anyone else.  For instance, if an issuer had 100 shares of common stock outstanding and you beneficially own a note convertible within sixty days into ten shares of the issuer’s common stock, then you are deemed to beneficially own 10/110 or 9.09% of the common stock of that issuer. 
 
Schedule 13D seeks general information relating to the beneficial owner, the number of shares beneficially owned, and fairly detailed information on the nature and purpose of ownership of the subject securities. This includes the source and amount of funds or other consideration used for the acquisition (in Item 3), any significant plants or proposals with respect to the issuer (in Item 4), and any other contracts, arrangements or understandings between the beneficial owner and other parties regarding the issuer’s securities (in Item 6). Copies of certain documents must be filed as exhibits to Schedule 13D, in Item 7. 
 
Schedule 13D amended filings
 
Schedule 13D filings must be promptly amended to reflect any material changes in the information. “Promptly” is generally understood to mean within two business days. The duty to amend Schedule 13D continues until the filer ceases to beneficially own more than 5% of the subject securities. If you fall below the 5% threshold, you must make one (final) amendment notifying the SEC of this.  
 
Material changes may include acquiring or disposing of a material percentage of the class of securities beneficially owned (i.e., 1% or more) or changes in intent to gain control of the issuer. For instance, if you manage more than 5% in the shares of an issuer and the percentage you manage increases or decreases by more than 1% (whether through a transaction or other event), you must amend Schedule 13D.  Also, if you reserve the right to engage in certain transactions in the future in the initial filing and then subsequently decide to engage in one of those transactions, you must amend Schedule 13D because you have developed a specific intention as to a disclosable matter in the meantime. 
 
There may be other circumstances that qualify as a material change requiring an amendment. For instance, if you acquire warrants that are not exercisable within 60 days, you may still need to amend Schedule 13D to revise the discussion of plans concerning the acquisition of additional securities and related contracts, even if the amount of voting shares you manage has not yet changed. 
 
Schedule 13G initial and amended filings
 
Some “beneficial owners” may be able to file an abbreviated filing—called a Schedule 13G—instead of Schedule 13D. 
 
Three categories of beneficial owners may report ownership on the short-form Schedule 13G. The time for filing the initial Schedule 13G and subsequent amendments depends upon which of the following three categories the filer falls into:
 
1.      Qualified institutional investors include most U.S. regulated financial institutions, investment advisors registered with the SEC or a state, other institutional investors, and comparable non-U.S. financial institutions (certifying that they are subject to a regulatory scheme similar to that applicable to their U.S. counterparts) if they acquire the securities:
a.       In the ordinary course of business; and
b.      Not with the purpose or effect of changing or influencing the control of the issuer nor in connection with or as a participant in any transaction that has such purpose or effect;
 
2.      Passive investors owning less than 20% of the security who have not acquired, and do not hold, the securities with the purpose or effect of changing or influencing the control of the issuer; and
 
3.      Exempt investors include investors owning more than 5% of the equity security before the issuer registering the class under the Act who acquire not more than 2% of these securities within a twelve-month period.
a.       It is irrelevant whether exempt investors purchase or hold the securities with the purpose or effect of changing or influencing the control of the issuer. 
 
Unlike Schedule 13D, Schedule 13G requires disclosure of only basic information regarding the beneficial owner and the amount of securities beneficially owned, and does not seek information on legal proceedings or other contracts or understandings relating to the issuer’s securities. 
 
Different filing thresholds and deadlines apply to initial and amended Schedule 13G filings depending on the type of beneficial owner the filer is.
 
For more information on Schedules 13D and 13D, please review these resources on the SEC’s website:
·         Overview: http://www.sec.gov/answers/sched13.htm; and
·         Exchange Act Sections 13(d) and 13(g) and Regulation 13D-G Beneficial Ownership Reporting: https://www.sec.gov/divisions/corpfin/guidance/reg13d-interp.htm
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