Country _ Name
Albania
SectionTitle
Financial advisory and broking services including robo advisory and auto-trading
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FinTechs belonging to this category offer advisory and broking services for investments usually via an internet platform.

Robo advisory services usually offer an investment proposition following a series of questions concerning the personal financial background and the risk-bearing capacity of the user. Sometimes the respective platform also enables the user to directly execute the proposed investment. 

Auto-trading concerns all services which automatically trade on behalf of the customer according to his or her specifications.

Apart from that some FinTechs collect and offer merely or as an ancillary service market information or operate comparison portals to increase the transparency of the capital markets and to help the investor with his decision-making.

There are also FinTech-advertising-services which advertise various financial services or products.

Introduction

Attitude of the country towards modern financial advisory and broking services

Following the dynamics of doing business, Albanian Parliament considered as fundamental the revision of the legislation on capital markets. Pursuant to recent trade approach, and among others, aiming to regulate the political climate towards modern financial advisory services, Albanian Parliament adopted a new Law on Capital Markets in 2020. Despite legal incentives, modern financial advisory services remain a challenging and developing sector, and not (yet) much familiar to businesses.

In addition to the bylaws adopted in respect of capital markets in Albania and in order to support sustainable economic growth as well as national competitiveness through the proper functioning of capital markets, the Albanian Council of Ministers has adopted Decision No. 266, dated 27.04.2023, titled "On the Approval of the Policy Document 'Creating an Enabling Environment for the Development of Capital Markets in Albania, 2023-2027'." This legislative act analyzes the situation of the capital market in Albania and its infrastructure, proposing concrete action plans for the development of the capital market over a five-year period (i.e., promoting efficient capital markets through the encouragement of their development and effective supervision).


Legal affairs

Obligations and requirements to provide financial advisory and broking services, or ancillary services described above

Albanian Law on Capital Markets defines 'financial advisory service' as the provision of personal recommendations to a client or prospective client, either upon its request or at the initiative of the investment company, in respect of one (1) or more transactions relating to financial instruments.

Any company intending to conduct financial advisory services in Albania must be registered with, and licensed from, the Albanian Financial Supervisory Authority. To obtain the license, the applicant must submit information on the company such as structural organisation, stockholders, business plan etc., and filing fee at the amount of ALL 45,000 – approx. EUR 50. Upon receiving the Authority's decision on granting the license, the company is required to pay registration fee at the amount of ALL 60,000 – approx. EUR 600.

In case the company will not engage in safekeeping and administration of financial instrument for the account of clients and is not permitted to hold clients' accounts of securities, its minimum share capital shall be at the value of ALL 6,500,000 – approx. EUR 65,000.

In addition, the company is required to have a professional liability insurance policy or other similar guarantee against liability for claims occurred as a result of its actions or omissions, not less than ALL 65,000,000 – approx. EUR 650,000 for each claim and not less than ALL 97,500,000 – approx. EUR 975,000 for all claims in a calendar year.

Additional comments regarding the legal situation for financial advisory and broking services, or adjacent services or what FinTech’s must be aware of in this business area

The FinTech is required to provide financial advisory services in accordance with clients' most fit and proper interests, the latter identified through the information attained from the clients regarding their experience in capital market, financial status, knowledge etc. The parties are required to sign a standard questionnaire adopted by the Authority, which shall be administered by the company. Clients' adequacy to a specific financial advisory service is subject to revisions on a yearly basis. The FinTech is responsible towards the client for the recommendation adequacy.

Furthermore, the Company shall be subject to the Authority's supervision and shall pay the supervision tariff which may be reviewed on a yearly basis by the Authority.


Economic conditions

Market size for financial advisory and broking services as well as adjacent services and biggest companies in this business area

While the market remains relatively small and undeveloped, several second-tier banks in Albania are licensed as brokerage companies. However, only the American Bank of Investments is also licensed to provide financial advisory services.

Additional comments regarding the economic situation for financial advisory and broking services as well as adjacent services or what FinTech’s must be aware of in this business area

N/A



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