ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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13/10/2011 | 2011/342 | Opinion- Practical arrangements for the late transposition of the UCITS IV Directive | Fund Management | Opinion | PDF 41.33 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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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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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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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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20/11/2012 | 2012/721 | Opinion on Article 50(2)(a) of the UCITS Directive | Fund Management | Opinion | PDF 81.31 KB |
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01/08/2013 | 2013/1072 | Practical arrangements for the late transposition of the AIFMD | Fund Management | Opinion | PDF 93.1 KB |
The European Securities and Markets Authority (ESMA) has published an Opinion on arrangements for the late imposition of the AIFMD. The scope of the opinion is confined to the provision of collective portfolio management services. Arrangements before implementation of the Directive in all Member States Notification of marketing of EU AIFs when the host MS of the AIFM has not transposed the Directive (Articles 31 and 32 of the Directive) ESMA believes that, if the Directive has been transposed in the home MS of the AIFM, the competent authority of the host MS of the AIFM (Article 32) or home MS of the AIFM (Article 31) may not refuse a valid notification under the Directive on the ground that the Directive has not yet been transposed in the host MS. This applies irrespective of whether the marketing is done using the freedom to provide services or by means of a branch. Management passport (Article 33 of the Directive) ESMA believes that AIFMs established in a MS that has transposed the Directive should be able to manage an EU AIF via the management passport, both using the freedom to provide services or by means of a branch, in a MS where the Directive has not been transposed, irrespective of the provisions currently in place in such jurisdiction since the relevant provisions of the Directive are of a self-executing nature, and provided the AIFM is authorised to manage that type of AIF in accordance with Article 33(1) of the AIFMD. Any local restrictions on AIFMs that are not in accordance with the AIFMD will need to be disapplied. | |||
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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27/03/2014 | 2014/312 | Technical advice to the European Commission on the information that competent authorities should provide to ESMA pursuant to Article 67(3) of the AIFMD | Fund Management | Technical Advice | PDF 330.79 KB |
Reasons for publication ESMA is issuing this technical advice in response to the mandate received from the European Commission on 20 December 2013 for advice on the possible content of the delegated act required by Article 67(5) of the AIFMD, concerning the information that EU competent authorities have to provide quarterly to ESMA pursuant to Article 67(3) of the Directive. This information is needed in order to allow ESMA to produce the opinion and the advice required in Article 67(1) of the AIFMD, in relation to the possible extension of the AIFMD passport to non-EU AIFs and non-EU AIFMs. Contents Section II describes the background of the proposal. Section III specifies the timing for the provision of the information to ESMA and lists the information that the competent authorities should provide quarterly to ESMA. The list of information is divided into three parts: the first refers to the information about the functioning of the passport for EU AIFMs; the second deals with the functioning of the national private placement regime for non-EU AIFs and non-EU AIFMs; and the third refers to the issues arising from the functioning of both systems. Finally, Section IV reproduces the mandate for advice issued by the European Commission. Next steps ESMA will cooperate closely with the European Commission in order to facilitate an expeditious adoption of the delegated act required by Article 67(5) of the AIFMD. | |||
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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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 |