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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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11/05/2005 | 05-331 | Press release- Facilitating the implementation of the Market Abuse Directive | Market Abuse, Press Releases | Press Release | PDF 72.91 KB |
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22/11/2007 | 07-762 | Press release- CESR identifies the Administrative Measures and Sanctions as well as the Criminal Sanctions available in Member States under the Market Abuse Directive (MAD) | Market Abuse, Press Releases | Press Release | PDF 82.23 KB |
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23/03/2011 | 2011/82 | Press release- ESMA establishes a framework for third country prospectus and applies this new framework to facilitate Israeli issuers access | Prospectus, Corporate Disclosure, Press Releases | Press Release | PDF 189.19 KB |
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03/11/2011 | JC 2011/094 | Press release- ESMA, EBA and EIOPA appoint members of Joint Board of Appeal | Joint Committee, Board of Appeal, Press Releases | Press Release | PDF 24.72 KB |
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01/03/2012 | 2012/140 | ESMA advises European Commission on Prospectus Directive’s overhaul- Advice covers possible delegated acts | Prospectus, Corporate Disclosure, Press Releases | Press Release | PDF 115.14 KB |
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27/03/2012 | 2012/224 | ESMA seeks views on proxy advisors | Press Releases, Corporate Governance, Corporate Disclosure | Press Release | PDF 170.89 KB |
ESMA published last Thursday a discussion paper (ESMA/2012/212) on proxy advisors active in the European Union, seeking views of stakeholders. The paper aims at giving an overview of the state and structure of the market, advisor’s methodologies, and on possible policy options. Generally, proxy advisors assist (institutional) investors and asset managers in their voting policy and strategy. Currently, there are no rules in place on a pan-European basis regarding proxy advisors. ESMA will use the feedback received on this paper to publish a feedback statement in Q4 of 2012, which will also include ESMA’s view on whether there is a need for policy action in the area. | |||
11/04/2012 | JC/2012/30 | EBA, ESMA and EIOPA publish two reports on Money Laundering | Joint Committee, Press Releases | Press Release | PDF 69.92 KB |
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22/06/2012 | 2012/382 | MiFID Q&A in the area of investor protection and intermediaries | MiFID - Investor Protection | Q&A | PDF 319.78 KB |
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06/07/2012 | 2012/424 | ESMA publishes MiFID guidelines to enhance investor protection | MiFID - Investor Protection, Press Releases | Press Release | PDF 118.08 KB |
The European Securities and Markets Authority (ESMA) has today published two final sets of guidelines aimed at enhancing the protection of investors in the EU. The guidelines relate to the provisions under the Markets in Financial Instruments Directive (MiFID) relating to the suitability of investment advice and the compliance function. | |||
26/07/2012 | 2012/483 | ESMA publishes review of accounting treatment of Greek sovereign debt | Corporate Disclosure, IFRS Supervisory Convergence | Press Release | PDF 122.97 KB |
The European Securities and Markets Authority (ESMA) has today published Review of Greek Government Bonds accounting practices in the IFRS Financial Statements for the year ended 31 December 2011, which sets out the results of the review conducted by ESMA on accounting practices and disclosures regarding exposure to Greek government bonds. The ESMA review considered a sample of 42 European financial institutions, each with significant exposure to Greek government bonds totalling an estimated gross exposure of around €80 billion. |
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31/08/2012 | JC/2012/70 | ESAs consult on the application of the capital calculation methods for financial conglomerates | Joint Committee, Press Releases | Press Release | PDF 175.07 KB |
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17/09/2012 | 2012/581 | ESMA proposes remuneration guidelines for firms providing investment services | MiFID - Investor Protection, Press Releases | Press Release | PDF 130.32 KB |
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17/09/2012 | 2012/582 | ESMA consults on market maker and primary dealer exemption for short selling | Short Selling, Press Releases | Press Release | PDF 113.92 KB |
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20/12/2012 | 2012/854 | ESMA issues statement on forbearance practices | Corporate Disclosure, IFRS Supervisory Convergence, Press Releases | Press Release | PDF 117.17 KB |
ESMA issues statement on forbearance practicesThe European Securities and Markets Authority (ESMA) has issued a Public Statement on the Treatment of Forbearance Practices in IFRS Financial Statements of Financial Institutions. The statement deals with the definition of forbearance practices, their impact on the impairment of financial assets and the specific disclosures relating to forbearance activities that listed financial institutions should include in their IFRS financial statements for the year ending 31 December 2012.The statement results from ESMA’s concerns that a lack of consistency amongst issuers in this area raises issues over the transparency and accuracy of their financial statements. ESMA believes that the consistent application of IFRS principles promotes comparability among listed financial institutions’ financial statements.This forms part of broader work on forbearance practices undertaken by regulators, including the European Banking Authority (EBA) and the European Systemic Risk Board (ESRB), who are examining the issue in the context of prudential reporting and macro-economic risks respectively.Steven Maijoor, ESMA Chair said:“ESMA and national authorities have become concerned at the lack of clarity in financial issuers’ financial statements regarding their treatment of forbearance-related practices, and the potential impact this might have on issuer’s financial performance and position, with consequences for investors and markets.“We have seen the impact of an inadequate approach to forbearance and impairment in previous financial crises and our aim is to avoid a similar situation developing here in the EU. We believe that by promoting an appropriate and consistent approach to the definition of forbearance, measurement of impairment and related disclosures, investors can be confident that issuers’ financial statements accurately reflect credit risk exposures and the credit quality of their financial assets.”“A uniformly consistent approach on this issue in the EU will contribute to the proper functioning of financial markets, the maintenance of financial stability in the European Union and improved investor protection.”Forbearance and objective evidence of impairmentForbearance occurs when the borrower is considered to be unable to meet the terms and conditions of the contract due to financial difficulties and ,based on these difficulties, it decides to modify the terms and conditions of the contract to allow the borrower sufficient ability to service the debt or refinance. Therefore, forbearance measures constitute objective evidence of impairment under IFRS.Forbearance and asset impairmentAs forbearance measures are extended due to the financial difficulties of the borrower, ESMA expects that issuers would have when assessing the impairment of those loans:• identified whether a loss event has had an impact on the estimated future cash flows;• based impairment calculations on the estimated future cash flows and not the contractual cash flows; and• applied a heightened level of scepticism when estimating the future cash flows, as well as other parameters used. Required disclosures in the year-end IFRS financial statementsThe disclosures to be provided by financial institutions, regarding their forbearance practices in their annual IFRS financial statements, should include the following qualitative aspects:• details of the types of forbearance practices undertaken during the reporting period;• description of the risks related to the forbearance practices undertaken, and how these risks are managed and monitored for internal management purposes;• accounting policies applied in respect of the forborn assets; and• description of any changes in these aspects from the prior period.The issuers should also provide quantitative disclosures in order to enable users to evaluate the impact of forbearance measures on the credit risk profile of their loan portfolios and their financial position and performance. ESMA expects such quantitative disclosures to be included in the 2012 financial statements as far as possible, and in any event they should be implemented and reflected in 2013’s annual financial statements.Next StepsESMA, together with EU national competent authorities, will continue to monitor the level of transparency that issuers provide in their financial statements on forbearance related measures and their impact on impairment, and will consider whether further action is required. The statement complements ESMA’s common enforcement priorities for the 2012 year-end IFRS financial statements which were published in November 2012. |
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30/01/2013 | 2013/159 | Q&A on Implementation of the Regulation on short selling and certain aspects of credit default swaps (2nd update) | Short Selling | Q&A | PDF 873.32 KB |
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01/02/2013 | 2013/167 | ESMA issues guidelines on market-making and primary dealer exemptions | Short Selling, Press Releases | Press Release | PDF 117.57 KB |
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12/02/2013 | 2013/214 | ESMA seeks feedback for review of the Short Selling Regulation | Short Selling, Press Releases | Press Release | PDF 75.26 KB |
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19/02/2013 | 2013/240 | ESMA recommends EU Code of Conduct for proxy advisor industry | Press Releases, Corporate Governance, Corporate Disclosure | Press Release | PDF 140.27 KB |
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28/02/2013 | 2013/266 | ESMA and the EBA warn investors about contracts for difference | MiFID - Investor Protection, Warnings and publications for investors, Press Releases | Press Release | PDF 119.01 KB |
The European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) have published a warning to retail investors about the dangers of investing in contracts for difference (CFDs).The two authorities are concerned that during the current period of low investment returns, inexperienced retail investors across the EU are being tempted to invest in complex financial products, which they may not fully understand and which can end up costing them money they cannot afford to lose.Andrea Enria and Steven Maijoor, Chairs of the EBA and ESMA, warned:“Retail investors across the EU should be aware of all the risks arising from investing in CFDs. These products appear to promise investors substantial returns at a low cost but may ultimately cost them far more than they may have intended or could afford to lose.“CFDs are complex products that are not suitable for all types of investors, therefore you should always make sure that you understand how the product you are buying works, that it does what you want it to do and that you are in a position to take the loss if it fails.”Investors trading CFDs should protect themselvesInvestors should only consider trading in CFDs if they have extensive experience of trading in volatile markets, if they fully understand how these operate and have sufficient time to manage their investment on an active basis.Investors should carefully read their agreement or contract with the CFD provider before making a trading decision. They should make sure that they at least understand the following: • the costs of trading CFDs with the CFD provider, • whether the CFD provider will disclose the margins it makes on their trades, • how the prices of the CFDs are determined by the CFD provider, • what happens if they hold their position open overnight, • whether the CFD provider can change or re-quote the price once an investor places an order, • whether the CFD provider will execute investor’s orders even if the underlying market is closed, • whether there is an investor or deposit protection scheme in place in the event of counterparty or client asset issues.If investors do not understand what’s on offer, they should not trade. Further information Always check if the CFD provider is authorised to do investment business in your country. You can check this on the website of the CFD provider’s national regulator. A list of all the national regulatory authorities, and their websites, is also available from:• ESMA at http://www.esma.europa.eu/investor-corner; and • EBA at http://www.eba.europa.eu/Publications/Consumer-Protection-Issues.aspx.The investor warning on CFDs will be translated into the official EU languages.Concurrently with the publication of this warning, the EBA is addressing an internal Opinion under Art. 29 of the EBA Regulations to national supervisory authorities on the prudential supervision of CFDs. Notes for editors1. ESMA/2013/267 Investor Warning – Contracts for Difference (CFDs)2. ESMA and the EBA are independent EU Authorities that were established on 1 January 2011 and work closely with the European other European Supervisory Authority responsible for insurance and occupational pensions (EIOPA).3. ESMA’s mission is to enhance the protection of investors and promote stable and well-functioning financial markets in the European Union (EU). As an independent institution, ESMA achieves this aim by building a single rule book for EU financial markets and ensuring its consistent application across the EU. ESMA contributes to the regulation of financial services firms with a pan-European reach, either through direct supervision or through the active co-ordination of national supervisory activity.4. The EBA has a broad remit in the areas of banking, payments and e-money regulation, as well as on issues related to corporate governance, auditing and financial reporting. Its tasks include the protection of consumers and depositors, preventing regulatory arbitrage, guaranteeing a level playing field (especially by building a single rule book for the European banking system) strengthening international supervisory coordination, promoting supervisory convergence and providing advice to EU institutions. Further information:Reemt SeibelESMA Communications Officer Tel: +33 (0)1 58 36 4272Mob: +33 6 42 48 55 29Email: reemt.seibel@esma.europa.eu David CliffeESMA Senior Communications OfficerTel: +33 (0)1 58 36 43 24Mob: +33 6 42 48 29 06Email: david.cliffe@esma.europa.euRomain SadetEBA Communications Officer Tel: +44 (0) 207 997 5914Mob: +44 (0) 7785 463278 Email: romain.sadet@eba.europa.eu Franca CongiuEBA Communications OfficerTel: +44 (0) 207 382 1781Mob: +44 (0) 7771 376395Email: francarosa.congiu@eba.europa.eu | |||
12/04/2013 | 2013-04-12 JC | Report on Risks and Vulnerabilities in the European Union’s (EU) Financial System | Joint Committee | Press Release | PDF 195.24 KB |
The Joint Committee of the European Supervisory Authorities (Joint Committee) has published today its first Report on Risks and Vulnerabilities in the European Union’s (EU) Financial System. Joint Committee of the European Supervisory Authorities calls for action on cross-sectoral risks. • First report by the Joint Committee of the European Supervisory Authorities (ESAs) on cross-sectoral risks facing the EU financial system; • Key risks facing EU financial markets include weak macroeconomic outlook; low interest rate environment; risk of further fragmentation on the single market; increased reliance on collateral; the quality of financial institutions’ assets; lack of confidence in financial institutions’ balance sheet valuations and risk disclosure; loss of confidence in financial benchmarks; • The ESAs have closely monitored the situation in Cyprus as it has developed. The events will lead to losses throughout the financial sector in Cyprus. However, the risks of direct international contagion seem to be limited. |