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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
10/11/2017 ESMA35-43-349 Q&As on MiFID II and MiFIR investor protection topics Q&A PDF
766.3 KB
05/10/2017 ESMA35-42-597 Speech by Steven Maijoor on financial education and investor protection in Europe- IOSCO World Investor Week , Speech PDF
222.15 KB
05/10/2017 ESMA20-95-619 2018 Work Programme , Report PDF
533.61 KB
02/10/2017 ESMA71-99-608 Annex (Template for the Assessment of Collective Suitability) , Reference XLSX
72.7 KB
26/09/2017 ESMA71-99-599 EBA and ESMA provide guidance to assess the suitability of management body members and key function holders , , , Press Release PDF
243.97 KB

The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have published their joint Guidelines to assess the suitability of members of management bodies and key function holders.

26/09/2017 ESMA71-99-598 Joint ESMA and EBA Guidelines on the assessment of the suitability of members of the management body and key function holders , , Guidelines & Recommendations PDF
1.48 MB
14/09/2017 ESMA2016 EY Audit opinion on ESMA final accounts 2016 Reference PDF
3.57 MB
14/09/2017 ESMA2015 EY Audit opinion on ESMA final accounts 2015 Reference PDF
1.07 MB
07/09/2017 Delegation agreement - FI/DK Delegation Agreement between Finanssivalvonta and Finansinspektionen , Reference PDF
233.71 KB
13/07/2017 ESMA35-43-748 Consultation Paper on guidelines on certain aspects of the MiFID II suitability requirements Consultation Paper PDF
740.94 KB
13/07/2017 ESMA35-43-762 Opinion to support supervisory convergence in the area of investment firms in the context of the United Kingdom withdrawing from the European Union , Opinion PDF
236.23 KB
28/06/2017 ESMA35-36-885 Product Intervention- General Statement , Statement PDF
123.04 KB

This statement provides an update on the European Securities and Markets Authority’s (ESMA) work in relation to the sale of contracts for differences (CFDs), binary options and other speculative products to retail investors.

 

ESMA has been concerned about the provision of speculative products such as CFDs, rolling spot forex and binary options to retail investors for a considerable period of time and has conducted ongoing monitoring and supervisory convergence work in this area. In this context, ESMA has previously published a number of Q&As on CFDs and other speculative products[1] to foster supervisory convergence, having established a CFD Task Force in July 2015, and also issued a further investor warning on the sale of CFDs, binary options and other speculative products in July 2016[2].

 

However, ESMA remains concerned that these supervisory convergence tools may not be sufficiently effective to ensure that the risks to consumer protection are sufficiently controlled or reduced. ESMA is therefore discussing the possible use of its product intervention powers under Article 40 of MiFIR to address investor protection risks in relation to CFDs, rolling spot forex and binary options.

 

ESMA is in the process of discussing the possible use of its product intervention powers under Article 40 of MiFIR, the possible content of any such measures, and how they could be applied. However, ESMA can confirm that the measures being discussed for (i) CFDs and rolling spot forex and (ii) binary options include proposals that take into account a number of measures that have been adopted or publicly consulted on by EU National Competent Authorities. These measures include leverage limits, guaranteed limits on client losses, and / or restrictions on the marketing and distribution of these products.

 

In accordance with Article 40 of MiFIR, any intervention measures must be approved by the ESMA Board of Supervisors and can only come into effect from 3 January 2018 at the earliest[3].

16/06/2017 Delegation agreement - SE/DK Delegation Agreement between Finanstilsynet and Finansinspektionen , Reference PDF
113.56 KB
14/06/2017 ESMA20-95-590 Annual Report 2016 , , Annual Report PDF
2.94 MB

Corrigendum - date on the letter of assurance from the Executive Director on p81 had inadvertently been dated 14 June 2017, when the letter was signed on 2 June 2017. The date has been amended accordingly

02/06/2017 ESMA35-43-620 Final report on guidelines on MiFID II product governance requirements Final Report PDF
713.52 KB
31/03/2017 ESMA35-36-794 Q&A Relating to the provision of CFDs and other speculative products to retail investors under MiFID Q&A PDF
948.76 KB
17/03/2017 esma35-30-479 IPISC CWG Application form 2017 Reference DOCX
211.55 KB
17/03/2017 ESMA 35-30-473 Call for expressions of interest- Consultative Working Group for ESMA’s IPISC 2017 Reference PDF
270.59 KB
27/01/2017 ESMA20-839860843-411 2017 Regulatory Work Programme , Reference PDF
80.05 KB
23/01/2017 ESMA63-43-485 ESMA Budget 2017 , , Reference PDF
191.97 KB

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