Se faccio il signal provider di copytrading é reato? e se invio segnali non automatici a pagamento?
02 Jan 2017
Salve specifico meglio la situazione come richiesto.
poniamo il caso che io operi come trader e che la gente mi segua copiandomi in automatico. ciò costituisce reato di gestione patrimoniale o di altro genere?
tra i termini di servizio di tale società regolamentata UE c é il seguente:
1.2.4. The operation of the Platform by AAA is under the authorization granted to AAA by the Hellenic Capital Markets Commission to provide portfolio management services, taking into account the fact that automated transactions are carried out without the specific approval for each of them by the Client. It is expressly clarified that any reference to the term “portfolio management” or similar terms, whether in the present or in any other written means of communication, as regards the services and operation of the Platform, shall only have the above meaning and shall be exclusively related to the services specifically described herein. Under no circumstances ΑΑΑ shall be deemed to undertake any obligation towards the Client to make investment decisions on the Client’s behalf, on AAA’s initiative or discretion, for the achievement of any investment objective of the Client.
2.1.2. Given the nature of the Autotrading service, as provided through the use of electronic applications, the Client is required to make use of appropriate technical means (e.g. a computer, internet connection etc.), as well as to have the necessary knowledge for the appropriate handling of such means. By entering into this agreement and accepting the services of AAA, the Client declares and affirms to AAA that he/she has the necessary equipment and sufficient expertise for its proper use. In addition, the Client understands and accepts the risks involved in the use of computers and communication systems in the context of conducting transactions on financial instruments and the possible inability of timely transmission of the relevant communication due to interruptions, faults etc.
2.6. “Manual” actions
The Platform enables the Client to send trading signals to the Executing Firm of his/her Choice at his/her own initiative (manually), meaning that the Client may open new positions or close positions opened by him/her or opened by the selected System’s signals. In this case, this specific activity of the Client is not part of the Autotrading service and will not be covered by the provisions of this agreement concerning the application of risk limits (as further set out in clause 3.2.7.), but shall be treated as simple order input by the Client.
e questo passaggio forse il piu importante per la mia domanda:
2.8. Content of the services and responsibility of AAA
2.8.1. AAA draws the attention of the client to the following:
- The persons, who have developed the applications referred to in this agreement (i.e. the System Providers), neither are related to AAA nor have any professional certifications.
- AAA provides access to Systems that meet specific reliability criteria based on their past behavior, applies rules permitting the selection of such Systems, ensures that the Systems’ activity in the context of the Autotrading service is supervised by a competent certified member of AAA’s personnel and evaluates the Systems based on their trading behavior. However, AAA does not build the strategies of the Systems and, in general, the content of the signals produced by such Systems.
- The Systems available to the Client through the Platform do not take into consideration Client’s personal data in the context of their trading strategies, given that each System is normally adapted to the investing choices of the Provider who has developed such System.
3.1.2. The Client declares that the data provided by him/her are true and reflect his/her actual situation. The Client fully understands that the Autotrading service has primarily a speculative orientation and requires the undertaking of investment risks which cannot be fully avoided, although they can be limited with respect to their extent through the usage of the Platform’s tools. In the event that the Client believes that the above description does not match with his/her actual investment profile, he/she must not proceed to the acceptance of these terms and quit the Autotrading Account opening process.
e se invece facessi una chat in cui inserire entrate e uscite a mercato verso piu persone magari a pagamento ciò costituirebbe reato?
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