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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
07/02/2014 2014/146 MiFID practices for firms selling complex products MiFID - Investor Protection, Warnings and publications for investors Opinion PDF
122.37 KB
27/03/2014 2014/332 Structured Retail Products- Good practices for product governance arrangements MiFID - Investor Protection, Innovation and Products Opinion PDF
203.1 KB		 Legal basis 1.    Regulation (EU) No 1095/2010 (ESMA Regulation)  sets out the European Securities and Markets Authority’s (ESMA) scope of action, tasks and powers which include “enhancing customer protection”, and “foster[ing] investor protection”.  2.    In order to continue delivering on this investor protection statutory objective, ESMA is issuing this opinion on certain aspects linked to the manufacturing and distribution of structured retail products (SRP). This opinion takes into account relevant work done in this field both at European and interna-tional level.  3.    This opinion is without prejudice to the requirements for the provision of investment services and activities established in the Markets in Financial Instruments Directive (MiFID)  and its implementing measures (notably, Directive 2006/73/EC), the regulatory developments arising from the MiFID review or existing product rules that may apply to SRPs.  4.    ESMA’s competence to deliver an opinion is based on Article 29(1) (a) of the ESMA Regulation. In accordance with Article 44(1) of the ESMA Regulation, the Board of Supervisors has adopted this opinion. Background 5.    In its July 2013 report on ‘Retailisation in the EU’ , ESMA highlighted that, from a consumer protec-tion perspective, retail investors may face difficulties in understanding the drivers of risks and returns of structured products. If retail investors do not properly understand the risk and reward profile of structured products, and if the products are not properly assessed against the risk appetite of retail investors, retail investors might be exposed to unexpected losses and this might lead to complaints, reputational risks for manufacturers and distributors, and a loss of confidence in the regulatory framework and, more broadly, in financial markets. 6.    In 2013, ESMA mapped the measures adopted in the EU Member States in relation to complex products in order to identify issues and to better understand the rationale behind national initiatives (by looking at similarities and differences in the various approaches, and reviewing how complexity has been treated in the different EU Members States). 7.    As a result, ESMA has developed a broad set of non-exhaustive examples of good practices, attached as Annex 1 hereto, illustrating arrangements that firms - taking into account the nature, scale and complexity of their business - could put in place to improve their ability to deliver on investor protection regarding, in particular, (i) the complexity of the SRPs they manufacture or distribute, (ii) the nature and range of the investment services and activities undertaken in the course of that business, and (iii) the type of investors they target. These good practices should also be a helpful tool for competent authorities in carrying out their supervisory action. Opinion 8.    ESMA considers that sound product governance arrangements are fundamental for investor protec-tion purposes, and can reduce the need for product intervention actions by competent authorities. 9.    ESMA considers that, when supervising firms manufacturing or distributing an SRP, competent authorities should promote, in their supervisory approaches, the examples of good practices for firms set out in Annex 1 hereto. 10.    Although the good practices set out in Annex 1 hereto focus on structured products sold to retail investors, ESMA considers that they may also be a relevant reference for other types of financial in-struments (such as asset-backed securities, or contingent convertible bonds), as well as when financial instruments are being sold to professional clients. 11.    The exposure to risk is an intrinsic feature of investment products. The good practices set out in Annex 1 refer to product governance arrangements and do not (and cannot) aim at removing investment risk from products.
10/11/2015 2015/1639 Steven Maijoor at Economic and Monetary Affairs Committee, European Parliament, Scrutiny Hearing on MiFID II MiFID - Investor Protection, Speeches Speech PDF
158.43 KB
12/05/2016 ESA/2016/41 Opinion of the ESAs- ECAI credit assessments Credit Rating Agencies, Joint Committee Opinion PDF
379.79 KB
26/05/2016 2016/739 Speech Financial News 20th Anniversary Awards for Excellence- Steven Maijoor, 26 May 2016, London MiFID - Investor Protection, Speeches Speech PDF
168.88 KB
17/11/2016 2016/1584 Safeguarding investors is key to ensuring the capital markets Union’s success MiFID - Investor Protection, Speeches Speech PDF
323.38 KB
02/12/2016 2016/1640 Speech by Verena Ross, ESMA Executive Director at the 2016 Global Capital Markets Conference MiFID - Investor Protection, Speeches Speech PDF
281.71 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 Brexit, MiFID - Investor Protection, Supervisory convergence Opinion PDF
236.23 KB
05/10/2017 ESMA35-42-597 Speech by Steven Maijoor on financial education and investor protection in Europe- IOSCO World Investor Week MiFID - Investor Protection, Speeches Speech PDF
222.15 KB
21/03/2018 ESMA71-99-964 CMU, Brexit and ESA review – What’s next? Steven Maijoor BVI Keynote Fund Management, MiFID - Investor Protection, Speeches Speech PDF
329.97 KB
28/11/2018 ESMA35-43-1376 Verena Ross Keynote speech at DSW-Better Finance International Investors’ Conference MiFID - Investor Protection, Speeches Speech PDF
247.6 KB
02/04/2019 ESMA-35-43-1780 ESMA opinion under Article 43(2) MiFIR (AFM_CFDs) MiFID - Investor Protection Opinion PDF
97.4 KB
02/04/2019 ESMA-35-43-1776 ESMA opinion under Article 43(2) MiFIR (AFM_BO) MiFID - Investor Protection Opinion PDF
97.69 KB
02/04/2019 ESMA-35-43-1797 ESMA opinion under Article 43(2) MiFIR (KNF_BO) MiFID - Investor Protection Opinion PDF
101.6 KB
02/04/2019 ESMA-35-43-1811 ESMA opinion under Article 43(2) MiFIR (FCA_BO) MiFID - Investor Protection Opinion PDF
110.99 KB
03/04/2019 ESMA71-319-93 Steven Maijoor Keynote speech- BETTER FINANCE 10th Anniversary 2019 Fund Management, MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors, Speeches Speech PDF
165.49 KB
13/05/2019 ESMA-35-43-1877 ESMA opinion under Article 43(2) MiFIR (AT_BO) MiFID - Investor Protection Opinion PDF
99.61 KB
13/05/2019 ESMA35-43-1906 ESMA opinion under Article 43(2) MiFIR (AT_CFD) MiFID - Investor Protection Opinion PDF
105.71 KB
13/05/2019 ESMA35-43-1906 ESMA opinion under Article 43(2) MiFIR (AT_CFD) MiFID - Investor Protection Opinion PDF
105.71 KB
28/05/2019 ESMA-35-43-1913 ESMA opinion under Article 43(2) MiFIR (FI_BO) MiFID - Investor Protection Opinion PDF
97.11 KB

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