I already found a half dozen European investment banks (Portuguese, Spanish, Italian, I didnāt search in other countries) that sold ARK ETFs to retail investors. And other US-domiciled ETFs.
ETFs, not CFDs or derivatives or tokenized shares/ETFs.
But if they have KID/KIID, they can be sold to EU retail investorsā¦
FCA uses some rules from UE, but FCA can be more rigid than UE. Just see the example of crypto ETPs, several EU regulators allow the sale of crypto ETPs to retail investors.
@Dougal1984 just look an ETP that T212 has on close-only since January 2021 due to FCA crypto prohibition.
If FCA didnāt prohibited crypto derivatives and ETNs, it was still sold to retail investors although it isnāt UCITS complaint, but still they are ISA & SIPP Eligible.
Itās registered for sale in 20 jurisdictions (17 are from EU), although some could be not for retail investors (only due to the crypto underlying asset).
@RLX Is it the case that a lot of these banks (like in IT) offer these to their clients via their advisors? Since itās the advisor buying the US-domiciled ETFs, maybe itās considered a purchase by a āprofessional investorā and thatās why itās allowed?
Some products ask for the customerās authorization, that they understand the specific circumstances the financial products have, the complexity for example, or special regulation, or they donāt meet the investor risk profile.
Or could be that their bank/broker is using a third-party service provider, like Saxo Bank, and the buyer (nominee) is their bank/broker (a professional investor).
Some ETPs (ETFs, ETNs, ETCs) arenāt UCITS due to their concentration on the portfolio assets, the use of leverage, the use of derivatives.
For example, commodities ETPs, e.g. gold ETFs arenāt UCITS because they are 100% in only one asset. Other ETPs that have only 1 asset, like single-stock ETPs arenāt also UCITS. And Investment Trusts are funds (a collective investment scheme) but arenāt also UCITS, due to their possibility to have leverage and to invest in iliquid assets (both not allowed to UCITS funds). ā All sold to retail investors.
Unlike open-ended funds that are UCITS, investment trusts may borrow money in an attempt to enhance investment returns (known as gearing or leverage). UCITS funds are not permitted to gear for investment purposes.
There are detailed investment and borrowing limits which apply to all UCITS to ensure the spreading and/or limitation of investment risks. In addition, there is regulation on the use of derivatives and limits in relation to leverage, counterparty risk and position exposure applying to derivatives and the combined exposures of derivatives and transferable securities.