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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
06/07/2011 2011/203 The European Fund Industry Paradigm , Speech PDF
35.65 KB

The European Fund Industry Paradigm: Combining Long Term Investment Horizons and Risk Profiles Opening speech by Steven Maijoor, Chair of ESMA, at the Paris EUROPLACE Financial Forum - 6 July 2011

31/07/2014 2014/944 Potential Risks Associated with Investing in Contingent Convertible Instruments , Statement PDF
106.1 KB
The European Securities and Markets Authority (ESMA) is issuing this statement to clarify to institutional investors risks from a newly emerging asset class referred to by most market participants as contingent convertibles instruments (CoCos). If they work as intended in a crisis CoCos will play an important role to inhibit risk transfer from debt holders to taxpayers. They along with standards to improve the quality and quantity of bank capital reflect a considerate response to the former regulatory capital framework. However, it is unclear as to whether investors fully consider the risks of CoCos and correctly factor those risks into their valuation. ESMA believes there are specific risks to CoCos and that investors should take those risks into consideration prior to investing in these instruments.
26/02/2015 2015/496 MiFID II – Switching on the light without turning-off the tap- Verena Ross, Executive Director, ESMA , Speech PDF
222.55 KB
Verena Ross, Executive Director of ESMA, delivered the keynote speech at the ABA/Law Society Capital Markets Conference 2015 in London on MiFID II which focused on transparency and liquidity issues.
24/03/2015 2015/620 MIFID/MIFIR- CSD hearing before ECON , Speech PDF
117.88 KB
01/06/2015 2015/904 The Capital Markets Union, Asset Management and Stability , Speech PDF
78.68 KB
Steven Maijoor delivered a speech at the 26th Annual Conference of the International Bar Association on the Globalisation of Investment Funds.
14/09/2015 JC 2015 056 Statement by Steven Maijoor Chair ESAs Joint Committee- ECON Scrutiny session on PRIIPs 14 September 2015 , Speech PDF
105.88 KB
13/10/2015 2015/1535 Opening Statement- Steven Maijoor to ECON Scrutiny Hearing on AIFMD Passport Speech PDF
110.04 KB
29/10/2015 2015/1615 Steven Maijoor speech at ECN , Speech PDF
261.75 KB
10/11/2015 2015/1639 Steven Maijoor at Economic and Monetary Affairs Committee, European Parliament, Scrutiny Hearing on MiFID II , Speech PDF
158.43 KB
07/01/2016 2015/1912 Opening Speech by J Servais, President of FSMA Speech PDF
162.44 KB
07/01/2016 2015/1915 Closing Speech by V Ross, ESMA FI Day Speech PDF
100.54 KB
02/02/2016 2016/165 Public Statement- Supervisory work on potential closet index tracking Statement PDF
258.17 KB

The European Securities and Markets Authority (ESMA) is issuing this statement to inform stakeholders and especially investors about the potential for some European collective investment funds to be ‘closet index trackers’, and to give details on the work that ESMA has been doing in this context.

Introduction

  1. ESMA’s attention was drawn to an alleged practice in the European collective investment management industry whereby asset managers claim, according to their fund rules and investor information documentation, to manage their funds in an active manner while the funds are, in fact, staying very close to a benchmark and therefore implementing an investment strategy which requires less input from the investment manager. At the same time, it is alleged that these funds charge management fees in line with those of funds that are considered to be actively managed[1]. This practice is commonly referred to as ‘closet indexing’ or ‘index hugging’.
  2. In many EU Member States, NCAs have launched or are in the process of launching specific investigations, in addition to their regular monitoring and supervisory functions, to determine the potential extent of closet indexing in their jurisdictions, with a focus on equity funds at this stage. At the same time, the issue has been the subject of considerable attention by investor protection groups and the media throughout the European Union.

Reasons for issuing this statement

  1. The issues around ‘closet indexing’ form part of a broader issue on the effectiveness of investor disclosure and the legitimate expectations of investors in respect of the service provided by some asset managers. Nonetheless, the potential practice of closet indexing in Europe raises questions that merit closer analysis. The analysis carried out by ESMA (see paragraphs 9 to 16 for more details) indicates that there might be a small, but not insignificant number of funds in the EU equity fund sector that may be closet index trackers. If the existence of this practice were to be confirmed by further supervisory scrutiny carried out at national level, this could mean that:
  1. investors could be making investment decisions based on an expectation that they will be provided with a more active fund management service than they receive in practice and, therefore, may be paying higher management fees than that usually envisaged for a passive/not significantly active management service;
  2. investors may be exposed to a different risk/return profile than they expect; and
  3. some asset managers may not provide clear descriptions of how funds are managed in key disclosure documents such as the fund’s Prospectus and Key Investor Information Document (KIID).
  1. ESMA considers it important that fund managers take their commitments in disclosure documents seriously. Managers should expect supervisory consequences where evidence for incorrect disclosures is proven.
 

[1] ESMA recognises that management fees may depend on a number of factors.

07/03/2016 2016/345 Financial Innovation towards a balanced regulatory response- Speech by V. Ross , Speech PDF
138.83 KB
26/05/2016 2016/734 Key note speech for the City week 2016 – Verena Ross, 9 May, London , Speech PDF
180.15 KB
26/05/2016 2016/735 Speech for the AIMA Global Policy and Regulatory Forum – Verena Ross, 18 May 2016, London , Speech PDF
180.75 KB
26/05/2016 2016/739 Speech Financial News 20th Anniversary Awards for Excellence- Steven Maijoor, 26 May 2016, London , Speech PDF
168.88 KB
02/06/2016 2016/902 MiFID practices for firms selling financial instruments subject to the BRRD resolution regime Statement PDF
259.47 KB
13/06/2016 2016/945 Speech for the DSGV Kapitalmarktsymposium- Verena Ross, 10 June 2016, Berlin Speech PDF
275.69 KB
20/06/2016 2016/940 Statement by Steven Maijoor at ECON MiFID II/MiFIR Scrutiny Session, 21 June 2016 , Statement PDF
235.65 KB
30/09/2016 2016/1408 ESMA appoints new chairs to Standing Committees , , , Statement PDF
141.3 KB

The Board of Supervisors of the European Securities and Markets Authority (ESMA) has appointed the following individuals to serve as chairs of its standing committees:

  • Hannelore Lausch, Executive Director of the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin), Germany, will chair the Market Data Standing Committee;
  • Cyril Roux, Deputy Governor of the Central Bank of Ireland (CBI, will chair the Investment Management Standing Committee; and
  • Merel van Vroonhoven, Chair of the Autoriteit Financiële Markten (AFM), Netherlands, will chair the Investor Protection and Intermediaries Standing Committee.

The standing committees are expert groups drawn from ESMA staff and the national competent authorities for securities markets regulation in the Member States, and are responsible for the development of policy in their respective areas.  The appointments are for a period of two years and commence with immediate effect.

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