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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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30/07/2015 | 2015/1236 | ESMA's advice to the European Parliament, the Council and the Commission on the application of the AIFMD passport to non-EU AIFMs and AIFs | Fund Management | Technical Advice | PDF 1.36 MB |
Executive summary Reasons for publication In accordance with Articles 36 and 42 of the Directive 2011/61/EU on Alternative Investment Fund Managers (AIFMD), non-EU alternative investment fund managers (AIFMs) and non-EU alternative investment funds (AIFs) managed by EU AIFMs are subject to the national private placement regime (NPPR) of each of the Member States where the AIFs are marketed or managed. However, the AIFMD makes provision for the passport, which is currently reserved to EU AIFMs and AIFs, to be potentially extended in future. Article 67(1) of the AIFMD establishes that, by 22 July 2015, ESMA shall issue to the European Parliament, the Council and the Commission advice on the application of the passport to non-EU AIFMs and AIFs in accordance with the rules set out in Article 35 and 37 to 41 of the AIFMD. This document sets out ESMA’s advice on the application of the passport to six non-EU countries: Guernsey, Hong Kong, Jersey, Switzerland, Singapore and the United States. Contents Section 1 of the advice sets out the background to ESMA’s work, while the detailed assessment of each of the aforementioned non-EU countries is contained in section 2. Annexes 1 to 7 contain a summary of the feedback to the call for evidence that ESMA launched in November 2014. Annex 8 gives a detailed breakdown by non-EU country of the number of non-EU AIFs and non-EU AIFMs active in Member States in accordance with Articles 36 and 42 of the AIFMD. Next Steps ESMA will continue to work on its assessment of other non-EU countries not covered in this advice with a view to delivering further submissions to the European Parliament, the Council and the Commission in the coming months. For those non-EU jurisdictions with which there are currently no supervisory cooperation arrangements in place for the purposes of the AIFMD, ESMA will continue its efforts to agree a MoU with the authorities concerned. | |||
28/11/2014 | 2014/1417 | ESMA's technical advice to the European Commission on delegated acts required by the UCITS V Directive | Fund Management | Technical Advice | PDF 469.49 KB |
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04/02/2020 | ESMA35-43-2134 | ESMA’s Technical Advice to the Commission on the effects of product intervention measures | MiFID - Investor Protection | Technical Advice | PDF 425.6 KB |
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12/09/2016 | 2016/1140 | Final advice on AIFMD passport | Fund Management | Technical Advice | PDF 621.95 KB |
This version of the advice includes the following clarifications with respect to the assessment of the Isle of Man:
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17/05/2011 | 2011/144 | Final advice- ESMA´s Technical Advice to the Commission on Fees for CRAs | Credit Rating Agencies | Technical Advice | PDF 1.72 MB |
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16/11/2011 | 2011/379 | Final report- ESMA's technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Managers Directive | Fund Management | Technical Advice | PDF 3.51 MB |
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16/02/2015 | 2015/227 | Final Report- ESMA’s technical advice to the European Commission on the delegated acts of the Regulations on European Social Entrepreneurship Funds and European Venture Capital Funds | Fund Management | Technical Advice | PDF 609.09 KB |
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22/12/2020 | ESMA22-106-2934 | SMSG Summary of Conclusions 1 October 2020 | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 104.05 KB |
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07/04/2020 | ESMA22-106-2144 | SMSG Summary of Conclusions 5 February 2020 | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 224.67 KB |
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29/06/2020 | ESMA22-106-2598 | SMSG Summary of Conclusions 6 May 2020 | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 170.4 KB |
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05/10/2020 | ESMA22-106-2788 | SMSG Summary of Conclusions 9 July 2020 | Corporate Information, Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 158.28 KB |
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30/10/2015 | 2015/SMSG/022 | SoC August 2015 | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 196.51 KB |
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13/09/2017 | ESMA22-106-349 | SoC Joint BoS and SMSG meeting 6 July 2017 | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 131.13 KB |
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30/10/2015 | 2015/SMSG/021 | SoC Joint meeting SMSG-BoS | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 114.29 KB |
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13/09/2017 | ESMA22-106-348 | SoC SMSG meeting on 6-7 July 2017 | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 200.62 KB |
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30/10/2015 | 2015/SMSG/030 | SoC SMSG September | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 164.91 KB |
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03/01/2019 | ESMA22-106-1605 | Summary of Conclusions BoS and SMSG meeting 8 November 2018 | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 255.71 KB |
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15/02/2017 | ESMA22-247440098-122 | Summary of Conclusions BoS SMSG meeting 10 November 2016 | Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 137.19 KB |
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10/09/2019 | ESMA22-106-1925 | Summary of Conclusions Joint BoS and SMSG meeting 12 July 2019 | Board of Supervisors, Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 95.54 KB |
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10/03/2020 | ESMA22-106-2123 | Summary of Conclusions Joint BoS and SMSG meeting 4 December 2019 | Board of Supervisors, Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 95.58 KB |