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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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27/07/2012 | 2012/476 | Reply of ESMA to the European Commission’s Green Paper on Shadow Banking | MiFID - Investor Protection | Letter | PDF 175.94 KB |
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28/01/2014 | 2013/1941 | Letter to Jonathan Faull (EC) regarding draft technical standards | MiFID - Investor Protection, MiFID - Secondary Markets | Letter | PDF 44.25 KB |
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31/07/2014 | 2014/944 | Potential Risks Associated with Investing in Contingent Convertible Instruments | Warnings and publications for investors, Innovation and Products | 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. | |||
17/11/2015 | 2015/1513 | Letter SM to EC- implementation timeline MiFID MiFIR | MiFID - Investor Protection | Letter | PDF 85.8 KB |
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27/01/2016 | ESA/2016/07 | The cross-selling of financial products – ESA request to the European Commission | Joint Committee, MiFID - Investor Protection | Letter | PDF 90.04 KB |
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26/04/2016 | 2016/648 | ESMA response to the Commission Green Paper on retail financial services | MiFID - Investor Protection | Letter | PDF 197.44 KB |
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02/06/2016 | 2016/902 | MiFID practices for firms selling financial instruments subject to the BRRD resolution regime | MiFID - Investor Protection | Statement | PDF 259.47 KB |
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30/09/2016 | 2016/1408 | ESMA appoints new chairs to Standing Committees | Board of Supervisors, Fund Management, Market Integrity, MiFID - Investor Protection | 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:
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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28/06/2017 | ESMA35-36-885 | Product Intervention- General Statement | Innovation and Products, MiFID - Investor Protection | Statement | PDF 123.04 KB |
This statement provides an update on the European Securities and Markets Authority’s (ESMA) work in relation to the sale of contracts for differences (CFDs), binary options and other speculative products to retail investors.
ESMA has been concerned about the provision of speculative products such as CFDs, rolling spot forex and binary options to retail investors for a considerable period of time and has conducted ongoing monitoring and supervisory convergence work in this area. In this context, ESMA has previously published a number of Q&As on CFDs and other speculative products[1] to foster supervisory convergence, having established a CFD Task Force in July 2015, and also issued a further investor warning on the sale of CFDs, binary options and other speculative products in July 2016[2].
However, ESMA remains concerned that these supervisory convergence tools may not be sufficiently effective to ensure that the risks to consumer protection are sufficiently controlled or reduced. ESMA is therefore discussing the possible use of its product intervention powers under Article 40 of MiFIR to address investor protection risks in relation to CFDs, rolling spot forex and binary options.
ESMA is in the process of discussing the possible use of its product intervention powers under Article 40 of MiFIR, the possible content of any such measures, and how they could be applied. However, ESMA can confirm that the measures being discussed for (i) CFDs and rolling spot forex and (ii) binary options include proposals that take into account a number of measures that have been adopted or publicly consulted on by EU National Competent Authorities. These measures include leverage limits, guaranteed limits on client losses, and / or restrictions on the marketing and distribution of these products.
In accordance with Article 40 of MiFIR, any intervention measures must be approved by the ESMA Board of Supervisors and can only come into effect from 3 January 2018 at the earliest[3]. [1] ESMA35-36-794 Q&A - Relating to the provision of CFDs and other speculative products to retail investors under MiFID published 31 March 2017 | [2] ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016 |
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13/11/2017 | ESMA50-157-829 | ESMA alerts investors to the high risks of Initial Coin Offerings (ICOs) | Innovation and Products, Warnings and publications for investors | Statement | PDF 444.01 KB |
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13/11/2017 | ESMA50-157-828 | ESMA alerts firms involved in Initial Coin Offerings (ICOs) to the need to meet relevant regulatory requirements | Innovation and Products, Warnings and publications for investors | Statement | PDF 330.73 KB |
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15/12/2017 | ESMA71-99-910 | Statement on preparatory work of the European Securities and Markets Authority in relation to CFDs and binary options offered to retail clients | MiFID - Investor Protection, Warnings and publications for investors | Statement | PDF 209.47 KB |
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30/05/2018 | ESMA71-99-991 | Statement of the EBA and ESMA on the treatment of retail holdings of debt financial instruments subject to the Bank Recovery and Resolution Directive | MiFID - Investor Protection, Warnings and publications for investors | Statement | PDF 926.71 KB |
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01/10/2018 | ESMA35-36-1442 | IPISC UK withdrawal from the EU Letter | MiFID - Investor Protection | Letter | PDF 234.85 KB |
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01/10/2018 | ESMA70-156-236 | Letter to the Commission on MiFID II third country regime | MiFID - Investor Protection | Letter | PDF 152.92 KB |
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07/11/2018 | ESMA71-99-1058 | ESMA new SC chairs | Fund Management, MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors | Statement | PDF 142.32 KB |
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19/12/2018 | ESMA35-43-1328 | Brexit Statement- information to clients | Brexit, MiFID - Investor Protection | Statement | PDF 212.95 KB |
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05/02/2019 | ESMA 70-155-7026 | Use of UK data in ESMA databases in case of a no-deal Brexit | Brexit, MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC | Statement | PDF 281.69 KB |
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19/03/2019 | ESMA65-8-6254 | Public statement on Brexit Data Operational Plan | Brexit, MiFID II: Transparency Calculations and DVC | Statement | PDF 147.23 KB |
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28/03/2019 | ESMA90-1-83 | Brexit Update March 2019 | Brexit, Credit Rating Agencies, MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC, Post Trading, Trade Repositories | Statement | PDF 121.13 KB |