ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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17/05/2011 | 2011/BS/123 | Decision of the Board of Supervisors- Appointment of the Securities and Markets Stakeholder Group | Board of Supervisors, Securities and Markets Stakeholder Group | Decision | PDF 171.3 KB |
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28/10/2011 | 2011/SMSG/11 | Response to ESMA's Consultation paper on guidelines on systems and controlsin a highly automated trading environment for trading platforms, investmentfirms and competent authorities | Securities and Markets Stakeholder Group | SMSG Advice | PDF 48.99 KB |
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28/10/2011 | 2011/SMSG/12 | Position paper- ESMA's Consultation on systems and controls in a highly automated trading environment for trading platforms, investment firms and competent authorities | Securities and Markets Stakeholder Group | SMSG Advice | PDF 59.19 KB |
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28/10/2011 | 2011/SMSG/13 | Advice on ESMA's draft technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Man-agers Directive in relation to supervision and third countries | Securities and Markets Stakeholder Group | SMSG Advice | PDF 88.23 KB |
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01/12/2011 | 2011/SMSG/18 | Advice on ESMA's public consultation on UCITS Exchange traded funds in the European Union | Securities and Markets Stakeholder Group | SMSG Advice | PDF 149.17 KB |
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19/12/2011 | 2011/BS/229 | Decision of the European Securities and Markets Authority establishing its Review Panel | Board of Supervisors, Corporate Information, Supervisory convergence | Decision | PDF 35.86 KB |
This decision establishes the Review Panel of ESMA and sets out its mandate. | |||
02/02/2012 | 2012/SMSG/6 | Letter regarding deadlines for the submission of ESMA’s technical standards | Securities and Markets Stakeholder Group | SMSG Advice | PDF 82.35 KB |
A letter from the ESMA Securities and Markets Stakeholder Group to Michel Barnier, Commissioner for Internal Market and Services, Sharon Bowles, Chair of ECON, and Klaus-Heiner Lehne, Chair of JURI, regarding deadlines for the submission of ESMA's technical standards. | |||
28/02/2012 | 2012/SMSG/11 | Advice on Guidelines on certain aspects of the MiFID suitability requirements | Securities and Markets Stakeholder Group | SMSG Advice | PDF 138.1 KB |
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28/02/2012 | 2012/SMSG/12 | Advice on Guidelines on certain aspects of the MiFID compliance function requirements | Securities and Markets Stakeholder Group | SMSG Advice | PDF 83.35 KB |
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27/09/2012 | 2012/SMSG/60 | SMSG advice on Guidelines on sound remuneration policies under the AIFMD | Securities and Markets Stakeholder Group | SMSG Advice | PDF 81.39 KB |
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12/10/2012 | 2012/SMSG/59 | Securities and Markets Stakeholder Group – Report on Helping Small and Medium Sized Companies Access Funding | Securities and Markets Stakeholder Group | SMSG Advice | PDF 497.32 KB |
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24/06/2013 | BoA 2013-008 | Board of Appeal Decision | Joint Committee, Board of Appeal | Decision | PDF 242.72 KB |
The joint Board of Appeal of the European Supervisory Authorities (EBA, ESMA and EIOPA) has published today its decision in an appeal brought by an Estonian company against a decision of the EBA. It concerned the question whether the suitability of the managers of a significant branch of a bank may be a matter within EU law, and not just national law. Allowing the appeal, the Board of Appeal interpreted Directive No. 2006/48/EC consistently with the EBA Guidelines on the assessment of the suitability of members of the management body and key function holders. It came to the conclusion that the “fit and proper” requirement is not restricted to the persons who direct the business of the credit institution. The matter therefore was within the EBA’s powers of investigation. Although the appellant criticised the way in which the EBA dealt with its complaint, the Board of Appeal made it clear that it did not accept that criticism. It considered that the EBA dealt with the complaint in an appropriate manner. The ground on which the appeal was allowed was one of interpretation of the applicable legal provisions. The case was remitted to the EBA to adopt the appropriate decision in accordance with the Board of Appeal’s findings. This is for information only. The decision consists of the signed Decision only. For any enquiries, please contact EIOPA’s Press Office: Anzhelika Mayer Tel.: +49 69 9511 1968 | |||
20/12/2013 | 2013/SMSG/017 | Advice on Consultation Paper – Draft Regulatory Technical Standards on contracts having a direct, substantial and foreseeable effect within the Un-ion and non-evasion of provisions of EMIR | Securities and Markets Stakeholder Group | SMSG Advice | PDF 27.43 KB |
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20/12/2013 | 2013/SMSG/018 | Advice on Discussion Paper – The Clearing Obligation under EMIR | Securities and Markets Stakeholder Group | SMSG Advice | PDF 46.94 KB |
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20/12/2013 | 2013/SMSG/020 | Response to the Consultation Paper ESMA Guidelines on enforcement of financial information | Securities and Markets Stakeholder Group | SMSG Advice | PDF 67.09 KB |
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13/01/2014 | BoA 2013-014 | Board of Appeal Decision Global Private Rating Company v. ESMA | Joint Committee, Board of Appeal | Decision | PDF 361.96 KB |
Board of Appeal of the European Supervisory Authorities dismisses appeal made by a refused CRA-applicant against ESMA On 10 January 2014, the Board of Appeal of the European Supervisory Authorities handed down its decision on an appeal by the appellant, Global Private Rating Company “Standard Rating” Ltd, against the refusal by the European Securities and Markets Authority (ESMA) to register it as a credit rating agency. This is the first appeal against a decision by ESMA refusing an applicant registration as a credit rating agency. The Board of Appeal unanimously decided that the appeal should be dismissed, and that ESMA’s refusal decision should be confirmed. It stated that it accepted the appellant’s point that the registration of a credit rating agency by ESMA is a new process, and recognised that the procedures will to an extent take time fully to work out. Nevertheless, because of the responsibilities placed on credit rating agencies and their importance in the financial system generally, it considered that the onus must be on an applicant to satisfy ESMA that the relevant requirements are met. The application and its contents must be very clear, and it is not ESMA’s responsibility as regulator to remedy deficiencies. | |||
29/04/2014 | 2014/SMSG/14 | SMSG reply to ESMA consultation on CRA3 Implementation | Securities and Markets Stakeholder Group | SMSG Advice | PDF 95.17 KB |
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05/05/2014 | 2014/SMSG/10 | SMSG position paper on Crowdfunding | Securities and Markets Stakeholder Group | SMSG Advice | PDF 131.44 KB |
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03/06/2014 | 2014/544 | Decision to adopt a supervisory measure taking the form of a public notice in accordance with Articles 23e(5) and 24 of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies | Credit Rating Agencies | Decision | PDF 49.36 KB |
Decision to adopt a supervisory measure taking the form of a public notice in accordance with Articles 23e(5) and 24 of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies The Board of Supervisors (“Board”), Having regard to the Treaty on the Functioning of the European Union (“Treaty”) Having regard to Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (“ESMA Regulation”), and in particular Article 43(2) and Article 44(1) thereof Having regard to Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (“CRA Regulation”), in particular Articles 6(2), 23e, 24, 25 thereof Having regard to Commission Delegated Regulation (EU) No 946/2012 of 12 July 2012 supplementing Regulation (EC) No 1060/2009 of the European Parliament and of the Council with regard to rules of procedure on fines imposed to credit rating agencies by the European Securities and Markets Authority, including rules on the right of defence and temporal provisions (“Procedural Regulation”), in particular Article 3(4) thereof Whereas: (1) On the basis of the file containing the investigating officer’s findings and after examination of the submissions of Standard & Poor’s Credit Market Services France SAS and Standard & Poor’s Credit Market Services Europe Limited the Board finds that the registered credit rating agencies Standard & Poor’s Credit Market Services France SAS and Standard & Poor’s Credit Market Services Europe Limited have committed the infringements listed in paragraphs 12 and 18 of Annex III.I of the CRA Regulation. (2) The Board considers that the evidence before it does not allow it to establish that Standard & Poor’s Credit Market Services France SAS and Standard & Poor’s Credit Market Services Europe Limited acted intentionally or negligently as required by Article 36a(1) of the CRA Regulation in order for the Board to impose a fine. (3) The Board thus decides to adopt a supervisory measure taking the form of a public notice in accordance with Article 24 of the CRA Regulation. Has adopted this decision: Article 1 The Board of Supervisors finds that the registered credit rating agencies Standard & Poor’s Credit Market Services France SAS and Standard & Poor’s Credit Market Services Europe Limited have committed the infringements listed in paragraphs 12 and 18 of Annex III.I of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies. Article 2 The Board of Supervisors takes the decision to adopt a supervisory measure taking the form of the following public notice, in accordance with Articles 23e(5) and 24 of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies. | |||
04/06/2014 | 2014/SMSG/30 | SMSG reply to ESMA consultation on draft RTS for the transparency directive | Securities and Markets Stakeholder Group | SMSG Advice | PDF 160.14 KB |