The Bank of New York Mellon Subsidiary operating the Pershing brand had one of its business lines handed a tiny fine by the Australian Securities and Investment Commission over errors related to ASX trade confirmations.
The financial markets watchdog in Australia has handed out a small penalty of $15,000 to Pershing Securities Australia Pty Ltd, for failing to give confirmations to certain retail clients for market transactions entered into on their behalf, due to certain accounts not having been set up correctly, as per a press release today by the Australian regulatory body.
According to the announcement published by the Australian Securities and Investment Commission (ASIC), based on an infringement notice dated December 5th, 2013, the penalty was given by ASIC’s Markets Disciplinary Panel (MDP) and was noted as paid already, with Pershing cooperating throughout the entire process to help resolve the matter that has now been settled.
Historical Matter Now Settled and No Clients Affected
The development first came to light on March 19, 2012 when one of Pershing's intermediaries notified Pershing that because certain trading accounts weren’t set up correctly, twelve relevant Pershing clients had not received confirmation for ASX Market Transactions executed on their instructions.
In order to identify potentially affected accounts, Pershing carried out a review of nearly 36,000 trading accounts that had been set up between 2010 and 2012. This review took just over a month after it began in March 2012, and as a result of the review, Pershing identified that a total of 37 trading accounts were set up incorrectly and specified which confirmations were not issued to the relevant Pershing clients between 10 May, 2010 and 26 June, 2012.
As per the MDP, the account setup errors allegedly contravened MIR 3.4.1(1), and subsection 798H(1) of the Corporations Act 2001 (Corporations Act) which requires compliance with the market integrity rules, thus justifying the issued fine.
37 Accounts Set up Incorrectly, Missing Postal Address, Email Not Sufficient
Accordingly, while the seriousness of the fine is not meant to be under emphasized, in the grand picture of things, it appears to be a minor administrative error and ASIC noted that Pershing did not derive any actual or potential benefit, nor cause any actual or potential detriment, as a result of the breach.
As per the notice, of the Relevant Accounts examined during the internal review, Intermediaries set up 17 of the trading accounts incorrectly and Pershing set up 20 of the trading accounts incorrectly.
Self-Reported to ASIC, After Pointed Out by 3rd Party
From these a total of 701 Market Transactions were executed on behalf of the Relevant Accounts (Relevant Transactions); and the incorrect setup of the trading accounts was attributable to either a missing postal address - because it was mistakenly thought that an email address would suffice for trade confirmations to be sent.
However, those email addresses were not provided and the addresses provided were considered 3rd party addresses and not those as required under MIR 3.4.1, as per the description.
On the 20th of April, 2012, Pershing lodged a self-report with ASIC. The self-report advised, among other things, that:
Pershing undertook a review of its trading accounts upon being notified by the Pershing Intermediary of the incorrect setup of trading accounts;
Confirmations were not received by the Relevant Pershing Clients for the Relevant Transactions;
Pershing was implementing compliance initiatives to ensure the breach did not reoccur.
Fine Indicates the Lower End of the Maximum Fine Spectrum
In the infringement notice, ASIC noted how the combined maximum pecuniary penalty that the Court could have handed out under section 798H(1) of the Act by reason of contravening MIR 3.4.1(1) is $100,000, and maximum pecuniary penalty that could have been payable by Pershing under an infringement notice given pursuant to subsection 798K(2) of the Act, is $60,000, as per the December 5th filing.
An excerpt of the infringement notice, provided below, highlighted among other things how the matter will be settled from the resulting fine:
The effects of compliance with this infringement notice are:
(a) any liability of Pershing to the Commonwealth for the alleged contravention of subsection 798H(1) of the Act is discharged; and (b) no civil or criminal proceedings may be brought or continued by the Commonwealth against Pershing for the conduct specified in the infringement notice as being the conduct that made up the alleged contravention of subsection 798H(1) of the Act; and (c) no administrative action may be taken by ASIC under section 914A, 915B, 915C or 920A of the Act against Pershing for the conduct specified in the infringement notice as being the conduct that made up the alleged contravention of subsection 798H(1) of the Act; and (d) Pershing is not taken to have admitted guilt or liability in relation to the alleged contravention; and (e) Pershing is not taken to have contravened subsection 798H(1) of the Act.
A full copy of the December 5th infringement notice published in the ASIC Gazette can be found on the ASIC website.
The financial markets watchdog in Australia has handed out a small penalty of $15,000 to Pershing Securities Australia Pty Ltd, for failing to give confirmations to certain retail clients for market transactions entered into on their behalf, due to certain accounts not having been set up correctly, as per a press release today by the Australian regulatory body.
According to the announcement published by the Australian Securities and Investment Commission (ASIC), based on an infringement notice dated December 5th, 2013, the penalty was given by ASIC’s Markets Disciplinary Panel (MDP) and was noted as paid already, with Pershing cooperating throughout the entire process to help resolve the matter that has now been settled.
Historical Matter Now Settled and No Clients Affected
The development first came to light on March 19, 2012 when one of Pershing's intermediaries notified Pershing that because certain trading accounts weren’t set up correctly, twelve relevant Pershing clients had not received confirmation for ASX Market Transactions executed on their instructions.
In order to identify potentially affected accounts, Pershing carried out a review of nearly 36,000 trading accounts that had been set up between 2010 and 2012. This review took just over a month after it began in March 2012, and as a result of the review, Pershing identified that a total of 37 trading accounts were set up incorrectly and specified which confirmations were not issued to the relevant Pershing clients between 10 May, 2010 and 26 June, 2012.
As per the MDP, the account setup errors allegedly contravened MIR 3.4.1(1), and subsection 798H(1) of the Corporations Act 2001 (Corporations Act) which requires compliance with the market integrity rules, thus justifying the issued fine.
37 Accounts Set up Incorrectly, Missing Postal Address, Email Not Sufficient
Accordingly, while the seriousness of the fine is not meant to be under emphasized, in the grand picture of things, it appears to be a minor administrative error and ASIC noted that Pershing did not derive any actual or potential benefit, nor cause any actual or potential detriment, as a result of the breach.
As per the notice, of the Relevant Accounts examined during the internal review, Intermediaries set up 17 of the trading accounts incorrectly and Pershing set up 20 of the trading accounts incorrectly.
Self-Reported to ASIC, After Pointed Out by 3rd Party
From these a total of 701 Market Transactions were executed on behalf of the Relevant Accounts (Relevant Transactions); and the incorrect setup of the trading accounts was attributable to either a missing postal address - because it was mistakenly thought that an email address would suffice for trade confirmations to be sent.
However, those email addresses were not provided and the addresses provided were considered 3rd party addresses and not those as required under MIR 3.4.1, as per the description.
On the 20th of April, 2012, Pershing lodged a self-report with ASIC. The self-report advised, among other things, that:
Pershing undertook a review of its trading accounts upon being notified by the Pershing Intermediary of the incorrect setup of trading accounts;
Confirmations were not received by the Relevant Pershing Clients for the Relevant Transactions;
Pershing was implementing compliance initiatives to ensure the breach did not reoccur.
Fine Indicates the Lower End of the Maximum Fine Spectrum
In the infringement notice, ASIC noted how the combined maximum pecuniary penalty that the Court could have handed out under section 798H(1) of the Act by reason of contravening MIR 3.4.1(1) is $100,000, and maximum pecuniary penalty that could have been payable by Pershing under an infringement notice given pursuant to subsection 798K(2) of the Act, is $60,000, as per the December 5th filing.
An excerpt of the infringement notice, provided below, highlighted among other things how the matter will be settled from the resulting fine:
The effects of compliance with this infringement notice are:
(a) any liability of Pershing to the Commonwealth for the alleged contravention of subsection 798H(1) of the Act is discharged; and (b) no civil or criminal proceedings may be brought or continued by the Commonwealth against Pershing for the conduct specified in the infringement notice as being the conduct that made up the alleged contravention of subsection 798H(1) of the Act; and (c) no administrative action may be taken by ASIC under section 914A, 915B, 915C or 920A of the Act against Pershing for the conduct specified in the infringement notice as being the conduct that made up the alleged contravention of subsection 798H(1) of the Act; and (d) Pershing is not taken to have admitted guilt or liability in relation to the alleged contravention; and (e) Pershing is not taken to have contravened subsection 798H(1) of the Act.
A full copy of the December 5th infringement notice published in the ASIC Gazette can be found on the ASIC website.
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Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
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Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
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▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔