Are There Logistical Difficulties In Reporting Binary Options Trades?

Monday, 11/08/2014 | 00:08 GMT by Mark Kelly
  • The first hurdle to be crossed is to decide whether to report them at all. Regulators are taking different approaches.
Are There Logistical Difficulties In Reporting Binary Options Trades?
Photo: Bloomberg

The suggested reporting pattern for binary options is covered in some detail in an earlier article. However, the first hurdle to be crossed is to decide whether to report them at all. Different national regulators are taking different approaches on this matter, with the UK’s FCA believing that these products are more akin to a fixed odds bet than a financial product, and that they are therefore not currently reportable. If you decide to report regardless (or if your local regulator takes a different view) you will find very little guidance available, outside of the 12-step guide in the above article.

Binary Options Destined For Regulatory Green Zone?

Areas to be particularly wary of are the population of price and notional amount, which can be seen to have the same value, the use of the entry price as the strike price in the option-specific fields and the population of underlying contract details in a way which respects the various constraints introduced by the ESMA Q&A (such as use of both Notional Currency 1 and 2 for FX contracts and use of NA in the underlying field for FX, Interest Rate and Commodities contracts). Taxonomy E is sufficiently flexible to accommodate these products, but binary options brokers may do well to consult outside of their own immediate circle to ensure they settle on a reporting pattern which will keep them in the regulatory green zone.

The suggested reporting pattern for binary options is covered in some detail in an earlier article. However, the first hurdle to be crossed is to decide whether to report them at all. Different national regulators are taking different approaches on this matter, with the UK’s FCA believing that these products are more akin to a fixed odds bet than a financial product, and that they are therefore not currently reportable. If you decide to report regardless (or if your local regulator takes a different view) you will find very little guidance available, outside of the 12-step guide in the above article.

Binary Options Destined For Regulatory Green Zone?

Areas to be particularly wary of are the population of price and notional amount, which can be seen to have the same value, the use of the entry price as the strike price in the option-specific fields and the population of underlying contract details in a way which respects the various constraints introduced by the ESMA Q&A (such as use of both Notional Currency 1 and 2 for FX contracts and use of NA in the underlying field for FX, Interest Rate and Commodities contracts). Taxonomy E is sufficiently flexible to accommodate these products, but binary options brokers may do well to consult outside of their own immediate circle to ensure they settle on a reporting pattern which will keep them in the regulatory green zone.

About the Author: Mark Kelly
Mark Kelly
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Mark Kelly is a Director at Abide Financial Limited, who are a UK Approved Reporting Mechanism for MiFID and offer a hub service for EMIR trade reporting, routing client transaction reports to Trade Repositories. Abide has helped dozens of financial services firms to comply with the EMIR regulations, since mandatory trade reporting began in February 2014. Mark has been working in the financial services sector in London and New York since 1990, and has occupied senior Audit and Compliance positions in Salomon Brothers, Lehman Brothers and Barclays Capital. For the past six years he has worked as a compliance auditor and consultant, advising UK firms on how to implement technology solutions which comply with regulatory requirements. He specialises in addressing the particular needs of those caught by the MiFID reporting requirements and in helping firms to meet their EMIR obligations. Mark has a BA and PhD from the University of Mark Kelly is a Director at Abide Financial Limited, who are a UK Approved Reporting Mechanism for MiFID and offer a hub service for EMIR trade reporting, routing client transaction reports to Trade Repositories. Abide has helped dozens of financial services firms to comply with the EMIR regulations, since mandatory trade reporting began in February 2014. Mark has been working in the financial services sector in London and New York since 1990, and has occupied senior Audit and Compliance positions in Salomon Brothers, Lehman Brothers and Barclays Capital. For the past six years he has worked as a compliance auditor and consultant, advising UK firms on how to implement technology solutions which comply with regulatory requirements. He specialises in addressing the particular needs of those caught by the MiFID reporting requirements and in helping firms to meet their EMIR obligations. Mark has a BA and PhD from the University of Durham and during his career has gained professional qualifications in Internal Audit, Computer Audit and Financial Services Compliance.

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