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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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15/06/2011 | 2011/141 | Consultation paper- ESMA’s technical advice on possible delegated acts concerning the Prospectus Directive as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Consultation Paper | PDF 1.45 MB |
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04/10/2011 | 2011/323 | Final report- ESMA's technical advice on possible delegated acts concerning the Prospectus Directive as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Technical Advice | PDF 797.56 KB |
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26/01/2011 | 2011/35 | Call for evidence- Request for technical advice on possible delegated acts concerning the Prospectus Directive (2003/71/EC) as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Consultation Paper | PDF 3.85 MB |
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13/12/2011 | 2011/444 | ESMA’s technical advice on possible delegated acts concerning the Prospectus Directive as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Consultation Paper | PDF 1.15 MB |
The purpose of this consultation document from ESMA is to seek comments on the technical advice that ESMA proposes to give to the European Commission on a number of possible delegated acts. | |||
01/03/2012 | 2012/137 | ESMA’s technical advice on possible delegated acts concerning the Prospectus Directive as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Technical Advice | PDF 1.32 MB |
ESMA publishes today the second part of its final advice (ESMA/2012/137) on possible delegated acts for the Prospectus Directive (PD). The advice was submitted to the Commission on 29 February 2012. In its advice, ESMA proposes how to use a prospectus in a retail cascade and provides input on how to review the provisions of the Prospectus Regulation concerning tax information, indices, auditor’s report on profit forecasts and estimates and audited historical financial information. Today’s advice follows a public consultation started on 13 December 2011. Overall, the technical advice aims to achieve a high level of investor protection and to increase across Europe the legal clarity and efficiency of the prospectus regime. Investment prospectuses as such are aimed to provide investors with easily accessible information on financial products so as to foster in-formed decision-making. | |||
20/06/2012 | 2012/380 | ESMA’s technical advice on possible delegated acts concerning the Prospectus Directive as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Consultation Paper | PDF 1.49 MB |
Responses to this consultation paper should be submitted online by 20 August 2012. | |||
01/10/2012 | 2012/607 | Further amendments to ESMA’s Recommendations for the consistent implementation of the Prospectus Regulation regarding mineral companies | Prospectus, Corporate Disclosure | Consultation Paper | PDF 481.61 KB |
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09/01/2013 | 2012/864 | ESMA’s technical advice on possible delegated acts concerning the Prospectus Directive as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Technical Advice | PDF 1.23 MB |
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18/12/2013 | 2013/1944 | Format of the base prospectus and consistent application of Article 26(4) of the Prospectus Regulation | Prospectus, Corporate Disclosure | Opinion | PDF 75.6 KB |
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15/03/2013 | 2013/316 | Draft Regulatory Technical Standards on specific situations that require the publication of a supplement to the prospectus | Prospectus, Corporate Disclosure | Consultation Paper | PDF 672.89 KB |
The Consultation Paper sets out a draft Regulatory Technical Standard concerning situations that require the systematic publication of a supplement to the prospectus which the European Securities and Markets Authority (ESMA) is obliged to develop in accordance with Article 16(3) of the Prospectus Directive. The listed situations are concrete examples of the general obligation in Article 16(1) to mention in a supplement every significant new factor, material mistake or inaccuracy relating to information included in the prospectus which is capable of affecting the assessment of the securities. ESMA believes that the test whether a new factor, mistake or inaccuracy qualifies as a triggering event for producing a supplement is the same test as whether information should be included in the prospectus. As a consequence, significance or materiality should be assessed according to the same qualitative and/or quantitative criteria used when drafting the prospectus. In light of this, ESMA has identified a short list comprising 10 situations, which will always require issuers, offerors or persons asking for admission to trading to draw up and publish a supplement to the prospectus.The CP includes a draft Regulatory Technical Standard setting out the situations that would require a systematic publication of a supplement as well as the minimum content of such a supplement. Responses to the consultation should be submitted online by 28 June 2013. | |||
20/03/2013 | 2013/317 | Framework for the assessment of third country prospectuses under Article 20 of the Prospectus Directive | Prospectus, Corporate Disclosure | Opinion | PDF 725.59 KB |
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26/09/2014 | 2014/1186 | Consultation paper on draft RTS on prospectus related issues under the Omnibus II Directive | Prospectus, Corporate Disclosure | Consultation Paper | PDF 670.42 KB |
ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex I. Comments are most helpful if they:• respond to the question stated;• indicate the specific question to which they relate;• contain a clear rationale; and• describe any alternatives ESMA should consider.ESMA will consider all comments received by 19 December 2014. All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’. Publication of responses All contributions received will be published following the close of the consultation, unless you request otherwise. Please clearly and prominently indicate in your submission any part you do not wish to be publically disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman.Data protection Information on data protection can be found at www.esma.europa.eu under the heading ‘Legal Notice’.Who should read this paper This document will be of interest to all stakeholders. It would primarily be of interest to investors, issuers, offerors or persons asking for admission to trading on a regulated market, as well as to any market participant who is affected by Directive 2003/71/EC of 4 November 2003 (the Prospectus Directive) as amended by Directive 2010/73/EU and Directive 2010/78/EU and its Regulation (Commission Regulation (EC) No 809/2004) and Delegated Regulations (Commission Delegated Regulation (EC) No 486/2012, No 862/2012, No 759/2013 and No 1392/2014. | |||
30/09/2016 | 2016/1409 | Draft RTS and ITS under SFTR and amendments to related EMIR RTS | Post Trading, Securities Financing Transactions | Consultation Paper | PDF 5.63 MB |
The European Securities and Markets Authority (ESMA) is publishing this Consultation Paper as part of its consultations on Level 2 measures under the Securities Financing Transactions Regulation (SFTR) as well as certain amendments to the Level 2 measures under EMIR in order to take into account legal developments as well as to ensure consistency, where relevant, between the frameworks of both regulations Contents Section 1 is the executive summary of the document. Section 2 explains the background to our proposals. Section 3 includes detailed information on the procedure and criteria for registration as TR under SFTR. Section 4 details the use of internationally agreed reporting standards, the reporting logic under SFTR and the main aspects of the structure of an SFT report. Section 5 covers the requirements regarding transparency of data and aggregation and comparison of data. Section 6 details the access levels of authorities. Section 7 contains the tables of fields, for the relevant types of SFTs, as well as a summary of all the questions. Next Steps ESMA will consider the feedback it received to this document in the fourth quarter of 2016. The final report and the draft technical standards will be submitted to the European Commission for endorsement by the end of Q1/beginning Q2 2017. |
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28/10/2016 | 2016/1529 | Joint ESMA and EBA Guidelines on the assessment of the suitability of members of the management body and key function holders | Guidelines and Technical standards, MiFID - Investor Protection | Consultation Paper | PDF 1.13 MB |
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08/02/2016 | 2016/268 | Opinion on equivalence of Turkish prospectus regime | Prospectus | Opinion | PDF 98.76 KB |
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31/05/2016 | 2016/732 | Guidelines on participant default rules and procedures under CSDR | Guidelines and Technical standards, Post Trading | Consultation Paper | PDF 450.56 KB |
The European Securities and Markets Authority (ESMA) under Article 41(4) of Regulation (EU) No 909/2014 of the European Parliament and of the Council on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation No 236/2012 (CSDR) may issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 in order to ensure consistent application of Article 41 of CSDR relating to participant default rules and procedures. Contents Section 2 contains information on the background and mandate, Section 3 contains an analysis of the scope and content of the proposed guidelines, while Section 4 contains the proposed guidelines. Annex I sets out a summary of the questions contained in this paper and Annex II includes a high level cost-benefit analysis for the guidelines. Next Steps ESMA will consider the feedback it will receive to this consultation with a view to finalising the guidelines by Q4 2016. |
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29/09/2017 | 70-145-105 | Draft Guidelines on non-significant benchmarks | Benchmarks, Guidelines and Technical standards | Consultation Paper | PDF 557.29 KB |
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28/07/2020 | ESMA22-105-1208 | ESMA Opinion on 2018 Discharge Report of EP | Corporate Information | Opinion | PDF 92.69 KB |
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27/05/2021 | ESMA22-105-1363 | ESMA OPINION ON 2019 DISCHARGE REPORT OF EP | Board of Supervisors, Corporate Information | Opinion | PDF 87.37 KB |
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05/10/2020 | ESMA22-106-2788 | SMSG Summary of Conclusions 9 July 2020 | Corporate Information, Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 158.28 KB |