CySEC Exhibits KMG Capital Markets the Exit Door, Once more

by Jeremy

The Cyprus
Securities and Change Fee (CySEC) has taken decisive motion towards
KMG Capital Markets Ltd, revoking the agency’s license for managing Open-Ended
Undertakings for Collective Funding in Transferable Securities (UCITS). This
is the second time KMG has confronted such a penalty, reflecting its constant lack
of exercise within the UCITS sector.

On 9
October, CySEC made the choice to withdraw the operation license for UCITS
administration from KMG Capital Markets Ltd. The license was revoked as a result of the
firm had didn’t put it to use inside 12 months after being notified of its
approval.

CySEC’s
actions had been in accordance with sections 121(1)(a) and 150(1)(c) of the
Open-Ended Undertakings for Collective Funding Legislation of 2012. The Fee
made the knowledge public at this time (Monday), 16 October.

Apparently,
this is not the primary time KMG has discovered itself in sizzling water for a similar
purpose. A previous revocation befell on 14 December 2021. Regardless of this, the
firm utilized for and obtained a brand new UCITS administration license from CySEC.
But, as soon as extra, KMG has failed to have interaction in any exercise within the UCITS sector by
23 June 2023, main to a different revocation.

Nonetheless,
it is value noting that KMG Capital Markets continues to carry authorization as
an Various Funding Fund Supervisor (AIFM). This authorization comes underneath
part 8 of the Various Funding Fund Managers Legislation, offering a silver
lining for the corporate’s operations.

In essentially the most
latest quarterly report issued by CySEC, noteworthy developments emerged in
Cyprus’ Collective Investments sector for Q2 2023. Over this quarter, CySEC
oversaw 334 Administration Corporations and Collective Funding Schemes (UCIs), a
marginal dip of 0.30% from the primary quarter’s 335 organizations. But, when
juxtaposed with the identical quarter from the prior yr, there was a 1.2% uptick,
illustrating a gradual upward trajectory for the sector.

Again in
September, the Fee introduced its determination to withdraw one other license of
FXBFI Dealer Monetary Make investments Ltd. Few weeks earlier, the regulator confirmed the deletion of Binance Cyprus Ltd from the
Register of Service Suppliers of Crypto-assets.

Distinction between UCITS
and AIFM

UCITS are
European mutual funds that intention to permit for the sale of pooled funding
merchandise throughout the European Union (EU) underneath a harmonized regulatory regime.
The construction affords excessive ranges of investor safety and transparency. AIFMs
handle Various Funding Funds (AIFs), which embody hedge funds, non-public
fairness funds, actual property funds, and different non-traditional funding automobiles.

UCITS are
usually restricted to liquid property like listed equities , bonds, and cash
market devices. Various investments similar to actual property or commodities
are usually off-limits. On the identical time, AIFMs can handle a variety of
asset sorts, together with illiquid and various property like actual property,
non-public fairness, and commodities.

Whereas UCITS
are aimed toward offering a excessive stage of investor safety with stringent
rules, AIFMs supply extra flexibility in funding methods and asset
sorts however are primarily designed for skilled and institutional traders.
Each have the flexibility to be marketed throughout the EU, however the regulatory
frameworks they adhere to are completely different.

The Cyprus
Securities and Change Fee (CySEC) has taken decisive motion towards
KMG Capital Markets Ltd, revoking the agency’s license for managing Open-Ended
Undertakings for Collective Funding in Transferable Securities (UCITS). This
is the second time KMG has confronted such a penalty, reflecting its constant lack
of exercise within the UCITS sector.

On 9
October, CySEC made the choice to withdraw the operation license for UCITS
administration from KMG Capital Markets Ltd. The license was revoked as a result of the
firm had didn’t put it to use inside 12 months after being notified of its
approval.

CySEC’s
actions had been in accordance with sections 121(1)(a) and 150(1)(c) of the
Open-Ended Undertakings for Collective Funding Legislation of 2012. The Fee
made the knowledge public at this time (Monday), 16 October.

Apparently,
this is not the primary time KMG has discovered itself in sizzling water for a similar
purpose. A previous revocation befell on 14 December 2021. Regardless of this, the
firm utilized for and obtained a brand new UCITS administration license from CySEC.
But, as soon as extra, KMG has failed to have interaction in any exercise within the UCITS sector by
23 June 2023, main to a different revocation.

Nonetheless,
it is value noting that KMG Capital Markets continues to carry authorization as
an Various Funding Fund Supervisor (AIFM). This authorization comes underneath
part 8 of the Various Funding Fund Managers Legislation, offering a silver
lining for the corporate’s operations.

In essentially the most
latest quarterly report issued by CySEC, noteworthy developments emerged in
Cyprus’ Collective Investments sector for Q2 2023. Over this quarter, CySEC
oversaw 334 Administration Corporations and Collective Funding Schemes (UCIs), a
marginal dip of 0.30% from the primary quarter’s 335 organizations. But, when
juxtaposed with the identical quarter from the prior yr, there was a 1.2% uptick,
illustrating a gradual upward trajectory for the sector.

Again in
September, the Fee introduced its determination to withdraw one other license of
FXBFI Dealer Monetary Make investments Ltd. Few weeks earlier, the regulator confirmed the deletion of Binance Cyprus Ltd from the
Register of Service Suppliers of Crypto-assets.

Distinction between UCITS
and AIFM

UCITS are
European mutual funds that intention to permit for the sale of pooled funding
merchandise throughout the European Union (EU) underneath a harmonized regulatory regime.
The construction affords excessive ranges of investor safety and transparency. AIFMs
handle Various Funding Funds (AIFs), which embody hedge funds, non-public
fairness funds, actual property funds, and different non-traditional funding automobiles.

UCITS are
usually restricted to liquid property like listed equities , bonds, and cash
market devices. Various investments similar to actual property or commodities
are usually off-limits. On the identical time, AIFMs can handle a variety of
asset sorts, together with illiquid and various property like actual property,
non-public fairness, and commodities.

Whereas UCITS
are aimed toward offering a excessive stage of investor safety with stringent
rules, AIFMs supply extra flexibility in funding methods and asset
sorts however are primarily designed for skilled and institutional traders.
Each have the flexibility to be marketed throughout the EU, however the regulatory
frameworks they adhere to are completely different.



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