Key Information Document
Information on the contract partner of the client
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Name:
nextmarkets Trading Limited
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Address:
Portomaso Business Tower, Level 15, STJ 4011, St. Julians, Malta
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Telephone:
+35 6 2778 1505
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Telefax:
+35 6 2778 1493
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Email:
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Licence Number:
IS / 77603
nextmarkets is regulated by the Malta Financial Services Authority (‘MFSA’). It has been issued with a Category 3 License (No IS C77603) issued by the Malta Financial Services Authority.
Below is a list of banking, hedging counterpart's and market data providers of nextmarkets Trading Ltd.
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Hedging Counterparties/ Brokers:
Interactive Brokers (UK) Limited for CFDs, Interactive Brokers LLC for Futures and Options; IG Markets (Europe)
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Market Data Providers:
IG Markets; FXCM UK; SIX Financial Services
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Market Information Services:
Bloomberg, wm-Daten
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Auditors:
E&Y, Malta
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Banking Partners:
Sparkasse, Barclays
Interactive Brokers (U.K.) Limited
Interactive Brokers (U.K.) Ltd ("IBUK") is authorized and regulated by the Financial Conduct Authority (the "FCA") as an IFPRU limited activity firm and so it is subject to the FCA's rules on remuneration. FCA register Number: 208159
Interactive Brokers (U.S.) LLC and Subsidiary; SEC I.D. No. 8-47257
Interactive Brokers LLC ("IB") is an agency only, direct market access broker that provides execution, clearance, settlement and prime brokerage for customers. Their business encompasses securities and commodities brokerage. IB does not engage in proprietary trading.
It is a registered Futures Commission Merchant ("FCM"), IB is subject to the Commodity Exchange Act and rules promulgated by the Commodity Futures Trading Commission ("CFTC"), the National Futures Association ("NFA") and the various commodity exchanges of which they are members.
As a registered U.S. broker dealer, IB is subject to the rules and regulations of the Securities Exchange Act of 1934 (the "Exchange Act") and other rules promulgated by the Securities and Exchange Commission ("SEC"), the Financial Industry Regulatory Authority ("FINRA") and the rules of various securities exchanges of which they are members.
IG Markets
Cannon Bridge House, 25 Dowgate Hill, London EC4R 2YA. Both IG Markets Ltd (Register number 195355) and IG Index Ltd (Register number 114059) are authorised and regulated by the Financial Conduct Authority.
FXCM UK - Forex Capital Markets Limited
Forex Capital Markets Limited is authorized and regulated with the Financial Conduct Authority (FCA) of the United Kingdom. Registration Number 217689.
SIX Group Services AG
Handelsregisterdaten Referenznummer CH02030067446. It is authorised and regulated by the Swiss Financial Market Supervisory Authority (FINMA) and the Swiss National Bank (SNB).
nextmarkets Trading Limited will be using the services of nextmarkets GmbH (the parent company of nextmarkets Trading Limited) as follows:
Marketing
IT support
IT Support of the trading and IT infrastructure
IT development
Provision, support for Market Data (i.e. infrastructure)
nextmarkets GmbH is not regulated and will not be providing regulated activity.
Providers that supply services to nextmarkets Trading Limited (thereafter referred to as the “Company” or “nextmarkets”) have been selected based on the following criteria:
Experience or specialisation of service - this would include both quantitative and qualitative factors
Duration of providing the services
Quality of service provision, including quality of staff, references - this would include both quantitative and qualitative factors
Coverage i.e. in terms of product and geographic area
Service Offering e.g. 24-hour service, single point of contact, SLA in terms of response in times of emergency, dedicated client support
Price / All-in charge including direct and indirect costs
Each provider will be reviewed on a yearly basis on the terms of fulfilment of their contract, how they performed versus expectations and in terms of service offering.
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Main business activity of nextmarkets Trading Limited
The main business activity of nextmarkets Trading Limited ("nextmarkets") is to offer clients a trading platform for the trading of contracts for difference ("CFDs"). nextmarkets acts as market maker, i.e. nextmarkets does not forward the customer's trading orders but instead holds the opposite position to the position the customer enters into. For regulatory purposes, this service qualifies as “trading on its own account”.
Competent supervisory authority
The authority responsible for the regulation and supervision of nextmarkets is the Malta Financial Services Authority (MFSA). The contact details of the MFSA are:
Malta Financial Services Authority
Notabile Road
BKR 3000 Attard
Malta
The MFSA website can be reached at: www.mfsa.com.mt
Information on financial services
nextmarkets Trading Limited offers its clients the following services:
provide continuous CFD trading five days a week from Monday 00:00 CET to Friday 23:00 CET. Contract-specific trading hours and exchange holidays are published on the nextmarkets website. nextmarkets is not obliged to quote prices or accept trading orders in the contracts concerned on exchange holidays. All changes to trading hours are not to be regarded as changes to the contract concluded between the customer and nextmarkets and take effect immediately if the corresponding provision of nextmarkets is referred to or the event occurs without the need for nextmarkets to notify the customer.
entering into CFD contracts for clients: Stocks, stock indices, commodities, interest rate instruments, currency pairs and other financial products as shown in the list of underlyings.
nextmarkets trades as CFD market maker and not as a broker or intermediary. The following applies with regards to billing:
nextmarkets pays the price performance of the underlying financial instrument in the event that the customer holds a long CFD position;
nextmarkets receives the price performance from the customer in the event that the customer holds a short CFD position.
refinancing of the client's long and short CFD positions, whereby nextmarkets receives refinancing interest and the stock loan fees/interest from any implied or actual stock loan from the client. The overnight refinancing interest and the interest for the stock loans are shown in the price/performance ratio.
acceptance and execution of trading orders, with nextmarkets acting as CFD market maker.
provision of trading ideas via its website. The trading ideas are created by external coaches. There is an organisational separation between nextmarkets and these coaches, so that no information about any trading activities is exchanged between the coaches and nextmarkets.
Details of the conclusion of the contract
The contract with nextmarkets is concluded electronically. This is done by the following technical steps:
Starting the process
If the customer decides to use the nextmarkets service, he/she must start the account opening process by clicking on "Open Real Money account" on the nextmarkets website at www.nextmarkets.com.
Entering personal data and making an offer
The customer must then enter the mandatory information in the input mask that opens. Additionally, the input mask asks for information regarding the knowledge and experience in relation to financial instruments and investment services, their financial circumstances and the objectives pursued by the client. The input mask also contains links to all information about nextmarkets and the services provided by nextmarkets (general terms and conditions, information for consumers, risk information, principles on dealing with conflicts of interest, best execution principles, data protection provisions). By ticking the box, the customer confirms that he/she has had the opportunity to read the documents and it is strongly recommended to do so, as these documents contain important information about nextmarkets and the services provided by nextmarkets. When the customer has entered the required information and clicks on the "Check details now" button at the bottom of the page, all the information provided is displayed again on an overview page that is then called up. The customer can then check this information and, if necessary, correct errors in the information by clicking the "Back" button of his/her browser to return to the previous page and change the information there. If the customer does not want to conclude the contract with nextmarkets, he/she can close his/her browser or access any other website. If he/she clicks on the "Open account now" button on the overview page, he makes nextmarkets an offer to conclude the contract.
Adequacy test and other tests and conditions
However, nextmarkets is legally obliged to check whether the service provided is appropriate for the customer, i.e. whether the customer is able to understand the risks of the service provided by nextmarkets. nextmarkets checks this on the basis of the information provided by the customer. In addition, nextmarkets checks the identity and creditworthiness of the customer.
As part of the account opening process of nextmarkets, the customer is also requested to give his/her consent to the disclosure of his/her data for the purposes of the prevention of money laundering and the combating of terrorism funding, checking his/her creditworthiness and allow for the processing on their banking details for the processing of payments. The consent is revocable at any time. However, nextmarkets will not open a trading account for the customer concerned if consent is refused or revoked.
nextmarkets will decide at its own discretion whether the customer's offer to conclude a contract will be accepted if the examination shows that nextmarkets' service is appropriate for the customer, if the further checks mentioned above have been carried out with a positive result and if the customer has given its consent to the passing on of their data for the purposes mentioned above.
If the examination of the appropriateness shows that nextmarkets' services are not appropriate for the customer, the customer will be notified accordingly. On the basis of this warning, the customer has the opportunity to reconsider his/her decision to conclude a contract with nextmarkets. The customer then has the option of confirming that he/she still wants to conclude the contract with nextmarkets, whereupon nextmarkets decides at its own discretion whether the customer's offer to conclude a contract is accepted.
nextmarkets will not conclude a contract with the customer if the customer does not give his/her consent to the disclosure of his data for the purposes of the prevention of money laundering or the combating of terrorism financing, checking his creditworthiness and providing banking details for the processing of payments or if the customer's identity cannot be verified. In the event of a negative result of the creditworthiness check of the customer, nextmarkets will check whether the customer's offer to conclude a contract is accepted after due assessment.
Conclusion of the contract
The contract is concluded in all cases mentioned only when nextmarkets sends the customer an e-mail in which the customer's offer to conclude a contract is accepted. Otherwise nextmarkets will inform the customer by e-mail that a contract will not be concluded.
Storage of the contract text and access of the customer to the contract text
nextmarkets will not store the contract text separately upon conclusion of the contract with the customer, but stores it independently of the contract concluded with the customer. When the contract is concluded, the customer receives an e-mail from nextmarkets with all contractual documents including the Terms and Conditions. The customer also has access to the current version of the Terms and Conditions at any time via the nextmarkets website.
Minimum term and termination options
The contract between the customer and nextmarkets has no minimum term.
It can be terminated by the customer at any time in text form without observing a period of notice.
The contract can be terminated by nextmarkets at any time in text form with ten working days' notice. nextmarkets has the right to terminate the contract without notice if:
the customer violates his contractual obligations in such a serious manner that adherence to the contract is unreasonable for nextmarkets; or
the financial circumstances of the customer deteriorate so significantly that the customer threatens to become insolvent or insolvent or it is unreasonable for nextmarkets to adhere to the contract for the duration of the period of notice.
Upon termination of the contract, neither the customer nor nextmarkets is obliged to pay any fines. Any amount to be paid by the customer to nextmarkets or by nextmarkets to the customer becomes immediately due and payable without restriction upon termination.
Termination for important reasons is always possible for both parties.
Termination must be declared in text form. A notice of termination must be to be sent to:
nextmarkets Trading Limited
Portomaso Business Tower, Level 15
STJ 4011, St. Julians, Malta
Email: service@nextmarkets.com
Total cost of trading
The total cost of trading on nextmarkets cannot be stated because the costs depend directly on the client’s trading activity.
All fees and rates of nextmarkets, which are to be paid by the customer under the Terms and Conditions, are listed in the Rates Schedule. The list of prices can be viewed on the nextmarkets website. Commissions are not charged by nextmarkets. However, interest will be charged on the funding provided if the customer holds positions overnight and interest may be charged on a stock loan to cover a short position or implied short loan fees for example in a short CFD hedge. Interest from a stock loan is automatically included in every price quotation for a short position and reflects the amount that would have to be paid to enter into a short position in the underlying in order to borrow the underlying asset to be sold (i.e. shorted).
In addition, the customer must take into account that the prices quoted by nextmarkets for CFDs each contain a difference between the bid and ask price (this is the so-called "spread"), which is automatically paid by the customer for each transaction consisting of buying and selling a CFD.
Payment and fulfilment of contractual obligations
The customer can capitalize his/her trading account by bank transfer or by credit cards accepted by nextmarkets. nextmarkets fulfils its contractual obligations towards the customer by executing and settling transactions ordered by the customer in accordance with the Terms and Conditions.
Taxes
Gains from the purchase and sale of financial instruments are generally taxable. Any taxes and costs incurred will not be paid by nextmarkets. The question of whether and which taxes are due must be clarified by the customer. We advise clients to consult a tax consultant or tax lawyer to clarify these questions.
When using the nextmarkets service, costs may be incurred in addition to the fees charged by nextmarkets. Additional costs might arise, for example, in connection with the use of the Internet or other means of communication.
It should also be noted that trading CFDs involves a charge to be taken into account by the client due to the difference between the purchase and sale price of the CFDs (i.e. the so-called spread). Further information can be found in the document "Risk information".
No right of revocation
The customer has no right of revocation after conclusion of the contract.
Language and clauses of the contract concerning the law applicable to the contract and the competent court
nextmarkets maintains websites in German and English. The contract language and language in which nextmarkets will communicate with the customer is the language of the website that the customer used to open the account.
The contract between the customer and nextmarkets and all contracts and transactions entered into on the basis of this contract are subject to the law as per the Terms and Conditions accepted by the Client upon account opening. If the customer has concluded the contract as a consumer and has his habitual residence in a country other than Germany at the time of conclusion of the contract, the application of mandatory legal provisions of this country remains unaffected by the choice of law mentioned in the previous sentence.
Risk information
The financial service offered by nextmarkets refers to financial instruments that are subject to risks due to their specific characteristics or the transactions to be carried out and whose price is subject to fluctuations on the financial market over which nextmarkets has no influence. In particular, trading CFDs offered by nextmarkets involves a high degree of risk for the invested capital. The use of a leverage can significantly increase these existing risks. This risk is not appropriate for every investor.
Profits and losses can be achieved. The maximum risk for private customers is the complete loss of the amount of money that the customer has deposited into the account held by nextmarkets (total loss of capital invested). The maximum risk for professional clients and eligible counterparties could exceed their capital and is not limited in amount, i.e. losses in excess of the paid-in capital may occur which must be settled by paying additional funds or margin to nextmarkets (additional margin obligation).
Furthermore, past earnings are not an indicator of future earnings.
Period of validity of the offer and the information provided
The offer of nextmarkets to provide the services described in section 4 is not limited in time. The period of validity of the information provided is also not subject to any time restrictions. However, nextmarkets has the right to change the price/performance ratio at any time with immediate effect through an announcement on the website.
Extrajudicial complaint and appeal procedures
Without prejudice to the right to appeal to the courts, the customer may appeal to one of the following two arbitration bodies in the event of disputes in connection with the contract concluded with nextmarkets.
(1) The European Commission
The European Commission has published under:
www.ec.europa.eu/consumers/odr
an online dispute resolution platform. This platform can be used by a consumer for out-of-court settlement of a dispute arising from online contracts with a company established in the EU.
(2) Office of the Arbiter for Financial Services
1st Floor
St Calcedonius Square
Floriana FRN 1530
Malta
Free phone number for local calls: 80072366
Phone: (+356) 21249245
Email: complaint.info@financialarbiter.org.mt
Website: www.financialarbiter.org.mt
In order for the Office of the Arbiter for Financial Services ("OAFS") to accept a complaint for processing, a complaint must first be submitted to the financial services provider, i.e. nextmarkets, and not resolved to the satisfaction of the customer. If this has been done, the OAFS accepts a complaint for processing after the customer has received a written reply from nextmarkets or if nextmarkets has not responded to the complaint within 15 days. A complaint can be lodged with the OAFS by submitting either a dedicated form or a letter of complaint to the OAFS. Complaints should normally be submitted in Maltese, but the OAFS can also accept complaints in English, especially if the complainant is not a Maltese citizen. It is also necessary to pay a handling fee of 25 € to the OAFS. Further information on the complaint procedure can be found on the OAFS website, by email to:
complaint.info@financialarbiter.org.mt
or for local calls please call the toll-free number: 80072366 or for international calls +356 21249245.
Beyond this arbitration body, nextmarkets is not obliged to participate in dispute resolution proceedings before a consumer arbitration body.
Compensation schemes
Investors trading via nextmarkets may be covered by the Maltese Investor Compensation Scheme.
Further details can be found under:
Additional charges
There are no specific additional costs or charges for the use of the internet or telecommunication services provided by third parties. The customer may though be charged for additional costs for the use of means of telecommunication by third parties (e.g. Internet providers, telephone providers, etc.).
Code of Conduct
nextmarkets subjects itself to a Code of Conduct.
Last update, 05.29.2018