ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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24/05/2018 | ESMA71-99-981 | Anneli Tuominen VC reappointment | Board of Supervisors, Management Board | Press Release | PDF 208.13 KB |
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11/06/2020 | ESMA71-99-1342 | Decision Short Selling Reporting Renewal Statement | COVID-19, Market Integrity, Press Releases, Short Selling | Press Release | PDF 83.55 KB |
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26/09/2017 | ESMA71-99-599 | EBA and ESMA provide guidance to assess the suitability of management body members and key function holders | Guidelines and Technical standards, Joint Committee, MiFID - Investor Protection, Press Releases | Press Release | PDF 243.97 KB |
The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have published their joint Guidelines to assess the suitability of members of management bodies and key function holders. |
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12/03/2021 | ESMA71-99-1589 | ED Announcement PR | Board of Supervisors, Corporate Information, Management Board | Press Release | PDF 78.78 KB |
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01/10/2019 | ESMA71-99-1220 | ESMA 2020 WP | Board of Supervisors, Corporate Information, Management Board, Planning reporting budget, Press Releases | Press Release | PDF 106.92 KB |
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23/05/2018 | ESMA71-99-980 | ESMA appoints new member to its Management Board | Management Board | Press Release | PDF 144.6 KB |
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12/05/2022 | ESMA71-99-1943 | ESMA appoints new member to its Management Board- Press release | Board of Supervisors, Corporate Information, Management Board, Press Releases | Press Release | PDF 94.01 KB |
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06/11/2015 | 2015/1627 | ESMA appoints new members to its Management Board | Management Board, Press Releases | Press Release | PDF 104.35 KB |
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29/03/2017 | ESMA71-99-375 | ESMA appoints new members to its Management Board | Management Board, Press Releases | Press Release | PDF 145.6 KB |
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12/11/2013 | 2013/1645 | ESMA clarifies shareholder cooperation in takeover situations | Corporate Disclosure, Corporate Governance, Press Releases | Press Release | PDF 86.55 KB |
ESMA clarifies shareholder cooperation in takeover situations The European Securities and Markets Authority (ESMA) has published a statement on practices governed by the Takeover Bid Directive (TBD), focused on shareholder cooperation issues relating to acting in concert and the appointment of board members. The statement contains a White List of activities that shareholders can cooperate on without the presumption of acting in concert. It also contains information on how shareholders may cooperate in order to secure board member appointments by setting out factors that national authorities may take into account when considering whether shareholders are acting in concert. The statement is in response to a request by the European Commission for clarity on these issues, following its 2012 report on the application of the TBD. It is based on information collected about the TBD’s application and common practices across the European Economic Area (EEA). The statement was prepared by the Takeover Bids Network, a permanent working group, under ESMA’s auspices, that promotes the exchange of information on practices and application of the TBD across EEA. Steven Maijoor, ESMA Chair, said: “Today’s statement means that shareholders can now be confident that they can expect authorities to take a consistent approach across the EEA to their cooperative activities. This consistency should in turn provide the reassurance needed by shareholders for the effective, sustainable engagement that is one of the cornerstones of listed companies’ corporate governance model allowing them to hold their boards to account. “ESMA believes that ensuring a consistent and convergent supervisory approach to this issue will be instrumental in affording equality of treatment to shareholders and investors across the EEA.” National competent authorities will have regard to the White List when determining whether shareholders are persons acting in concert under national takeover rules, but will also take into account all other relevant factors in making their decisions. Shareholder cooperation and acting in concert - The White List When shareholders cooperate to engage in any of the activities listed below, that cooperation will not, in and of itself, lead to a conclusion that the shareholders are acting in concert: 1. entering into discussions with each other about possible matters to be raised with the company’s board; 2. making representations to the company’s board about company policies, practices or particular actions that the company might consider taking; 3. other than in relation to the appointment of board members, exercising shareholders’ statutory rights; 4. other than in relation to a resolution for the appointment of board members and insofar as such a resolution is provided for under national company law, agreeing to vote the same way on a particular resolution put to a general meeting. If shareholders cooperate in an activity not included on the White List, this will also not result in an automatic assumption that they are acting in concert. Each case will be determined on its own particular facts. Cooperation in relation to the appointment of members of the board of a company The White List does not include any activity relating to cooperation on board appointments, due to differences in Member State approaches towards determining whether shareholders who cooperate in relation to board appointments are acting in concert. However, shareholders may wish to cooperate in order to secure board members’ appointment in a company in which they have invested. This cooperation might take the form of: 1. entering into an agreement or arrangement (informal or formal) to exercise their votes in the same way in order to support the appointment of one or more board members; 2. tabling a resolution to remove one or more board members and replace them with one or more new board members; or 3. tabling a resolution to appoint one or more additional board members. The statement therefore indicates which factors may be considered when assessing whether such cooperation is indeed an act of acting in concert. ESMA will keep the public statement under review in order to ensure that it continues to reflect accurately the practices and application of the TBD in the Member States. 2013/1642 Public Statement - Information on shareholder cooperation and acting in concert under the Takeover Bids Directive. 2013/1643 Cover Note to the Public Statement | |||
30/09/2016 | 2016/1411 | ESMA consults on future reporting rules for securities financing transactions | Post Trading, Press Releases, Securities Financing Transactions | Press Release | PDF 148.11 KB |
The European Securities and Markets Authority (ESMA) has issued today a consultation paper on draft technical standards implementing the Securities Financing Transaction Regulation (SFTR), which aims to increase the transparency of shadow banking activities. Securities financing transactions (SFTs) are transactions where securities are used to borrow cash (or other higher investment-grade securities), or vice versa – this includes repurchase transactions, securities lending and sell/buy-back transactions. |
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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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20/12/2019 | ESMA71-99-1256 | ESMA CRAs TRs thematic fees report | Press Releases, Supervisory convergence, Trade Repositories | Press Release | PDF 101.41 KB |
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24/05/2012 | 2012/330 | ESMA finds high level of consistency in EU national regulators’ practices for the approval of investment prospectuses | Press Releases, Supervisory convergence | Press Release | PDF 177.71 KB |
The European Securities and Markets Authority (ESMA) has published today “Prospectus Directive – Good Practices in the approval process“, a peer review report on the application of regulatory good practices by national supervisory authorities - competent authorities (CA) when approving investment prospectuses.The review was conducted using good practice criteria that ESMA developed on selected areas of the Prospectus Directive dealing with the approval process for investment prospectuses. The prospectuses provide investors with easy to understand and relevant information on investment products. Peer review reports on national regulators’ procedures contribute to ESMA’s objective of fostering supervisory convergence and achieving a level playing field between jurisdictions. | |||
07/04/2016 | 2016/582 | ESMA finds room for improvement in national supervision of investment advice to retail clients | MiFID - Investor Protection, Press Releases, Supervisory convergence | Press Release | PDF 107.49 KB |
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15/04/2021 | ESMA71-99-1651 | ESMA highlights need for increased efforts on EMIR and SFTR data quality | Market data, Press Releases, Securities Financing Transactions, Supervisory convergence | Press Release | PDF 85.72 KB |
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26/04/2012 | 2012/272 | ESMA identifies divergence in Member States’ use of sanctions under the Market Abuse Directive | Press Releases, Supervisory convergence | Press Release | PDF 179.91 KB |
The European Securities and Markets Authority (ESMA) has published a report on the use of administrative and criminal sanctions by European Union (EU) national regulators under the Market Abuse Directive (MAD). The report provides a comparison of the use of administrative sanctioning powers across 29 EEA Member States for 2008-2010. The results of the report will provide input to the legislative process on the new market abuse regime. | |||
15/02/2019 | ESMA71-99-1115 | ESMA IOSCO Statement on EDPB Opinion | Corporate Governance, International cooperation | Press Release | PDF 83.19 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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15/04/2020 | ESMA71-99-1318 | ESMA issues positive opinions on short selling bans by 5 jurisdictions | COVID-19, Market Integrity, Press Releases, Short Selling | Press Release | PDF 114.75 KB |