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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
13/10/2011 2011/342 Opinion- Practical arrangements for the late transposition of the UCITS IV Directive Opinion PDF
41.33 KB
20/11/2012 2012/721 Opinion on Article 50(2)(a) of the UCITS Directive Opinion PDF
81.31 KB
01/08/2013 2013/1072 Practical arrangements for the late transposition of the AIFMD Opinion PDF
93.1 KB
The European Securities and Markets Authority (ESMA) has published an Opinion on arrangements for the late imposition of the AIFMD. The scope of the opinion is confined to the provision of collective portfolio management services. Arrangements before implementation of the Directive in all Member States Notification of marketing of EU AIFs when the host MS of the AIFM has not transposed the Directive (Articles 31 and 32 of the Directive) ESMA believes that, if the Directive has been transposed in the home MS of the AIFM, the competent authority of the host MS of the AIFM (Article 32) or home MS of the AIFM (Article 31) may not refuse a valid notification under the Directive on the ground that the Directive has not yet been transposed in the host MS. This applies irrespective of whether the marketing is done using the freedom to provide services or by means of a branch. Management passport (Article 33 of the Directive) ESMA believes that AIFMs established in a MS that has transposed the Directive should be able to manage an EU AIF via the management passport, both using the freedom to provide services or by means of a branch, in a MS where the Directive has not been transposed, irrespective of the provisions currently in place in such jurisdiction since the relevant provisions of the Directive are of a self-executing nature, and provided the AIFM is authorised to manage that type of AIF in accordance with Article 33(1) of the AIFMD. Any local restrictions on AIFMs that are not in accordance with the AIFMD will need to be disapplied.
01/10/2013 2013/1340 Collection of information for the effective monitoring of systemic risk under Article 24(5), first sub-paragraph, of the AIFMD Opinion PDF
70.75 KB
18/12/2013 2013/1944 Format of the base prospectus and consistent application of Article 26(4) of the Prospectus Regulation , Opinion PDF
75.6 KB
28/02/2013 2013/267 Contracts for Difference (CFDs) , Investor Warning PDF
389.45 KB
20/03/2013 2013/317 Framework for the assessment of third country prospectuses under Article 20 of the Prospectus Directive , Opinion PDF
725.59 KB
18/12/2014 2014/1378 Opinion- Investment-based crowdfunding Opinion PDF
460.92 KB
Crowdfunding is a means of raising finance for projects from ‘the crowd’ often by means of an internet-based platform through which project owners ‘pitch’ their idea to potential backers, who are typically not professional investors.  It takes many forms, not all of which involve the potential for a financial return.  ESMA’s focus is on crowdfunding which involves investment, as distinct from donation, non-monetary reward or loan agreement.  Crowdfunding is relatively young and business models are evolving. EU financial services rules were not designed with the industry in mind. Within investment-based crowdfunding a range of different operational structures are used so it is not straightforward to map crowdfunding platforms’ activities to those regulated under EU legislation. Member States and NCAs have been working out how to treat crowdfunding, with some dealing with issues case-by-case, some seeking to clarify how crowdfunding fits into existing rules and others introducing specific requirements.To assist NCAs and market participants, and to promote regulatory and supervisory convergence, ESMA has assessed typical investment-based crowdfunding business models and how they could evolve, risks typically involved for project owners, investors and the platforms themselves and the likely components of an appropriate regulatory regime. ESMA then prepared a detailed analysis of how the typical business models map across to the existing EU legislation, set out in this document.
07/02/2014 2014/146 MiFID practices for firms selling complex products , Opinion PDF
122.37 KB
07/02/2014 2014/154 Risks of investing in complex products , Investor Warning PDF
404.08 KB
07/02/2014 2014/154 BG Рискове от инвестиране в комплексни продукти , Investor Warning PDF
287.57 KB
07/02/2014 2014/154 CS Rizika investování do složitých produktů , Investor Warning PDF
501.58 KB
07/02/2014 2014/154 DA Risici ved investering i komplekse produkter , Investor Warning PDF
460.24 KB
07/02/2014 2014/154 DE Risiken bei Anlagen in komplexe Produkte , Investor Warning PDF
301.1 KB
07/02/2014 2014/154 EL Οι κίνδυνοι των επενδύσεων σε σύνθετα προϊόντα , Investor Warning PDF
407.92 KB
07/02/2014 2014/154 ES Riesgos de las inversiones en productos complejos , Investor Warning PDF
331.22 KB
07/02/2014 2014/154 ET Keerukatesse toodetesse investeerimisega kaasnevad riskid , Investor Warning PDF
401.62 KB
07/02/2014 2014/154 FI Monimutkaisiin tuotteisiin sijoittamisen riskit , Investor Warning PDF
414.7 KB
07/02/2014 2014/154 FR Risques liés aux investissements dans les produits complexes , Investor Warning PDF
334.79 KB
07/02/2014 2014/154 HR Rizici ulaganja u kompleksne proizvode , Investor Warning PDF
487.67 KB

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