Regulation development and MiFID impact on collective investment in Spain

Abstract

PurposeThe objective of this paper is to review Spanish regulatory evolution in the collective investment area, which is very recent in its principal aspects.Design/methodology/approachThe paper assesses the way investment funds are impacted by the Markets in Financial Instruments Directive (MiFID) and the Spanish legislation.FindingsThe legal aspect of the Collective investment institutions (CII) in Spain has experienced a major renovation over the past four years. There were three basic principles: increased flexibility of the CIIs' regime, reinforced protection for investors, and improved administrative intervention regime. Although MiFID focuses its attention on financial markets and investment firms, it also implies an important change for collective investment institutions. New conditions arising after the introduction of this norm are imposing major challenges for financial entities, supervisory authorities and financial markets.Research limitations/implicationsThe unified regulatory system, even after the implementation of MiFID, remains fragmented, and the way in which it will apply to investment funds is not easy to disentangle.Practical implicationsAs a result of this process, it is hoped that levels of competitiveness will increase and transaction costs fall, which will ultimately result in improved conditions for investors and more efficient companies.Originality/valueThe paper establishes the implications of the MiFID and the UCITS Directives for the investment fund industry in Spain.