ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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26/04/2012 | 2012/270 | Actual use of sanctioning powers under MAD | Supervisory convergence | Final Report | PDF 1.55 MB |
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. | |||
18/12/2014 | 2014/1560 | Advice- Investment-based crowdfunding | Innovation and Products | Final Report | PDF 482.2 KB |
Crowdfunding is a means of raising finance for projects from ‘the crowd’ often by means of an internet-based platform through which project owners ‘pitch’ their idea to potential backers, who are typically not professional investors. It takes many forms, not all of which involve the potential for a financial return. ESMA’s focus is on crowdfunding which involves investment, as distinct from donation, non-monetary reward or loan agreement.Crowdfunding is relatively young and business models are evolving. EU financial services rules were not designed with the industry in mind. Within investment-based crowdfunding a range of different operational structures are used so it is not straightforward to map crowdfunding platforms’ activities to those regulated under EU legislation. Member States and NCAs have been working out how to treat crowdfunding, with some dealing with issues case-by-case, some seeking to clarify how crowdfunding fits into existing rules and others introducing specific requirements.To assist NCAs and market participants, and to promote regulatory and supervisory convergence, ESMA has assessed typical investment-based crowdfunding business models and how they could evolve, risks typically involved for project owners, investors and the platforms themselves and the likely components of an appropriate regulatory regime. ESMA then prepared a detailed analysis of how the typical business models map across to the existing EU legislation, set out in sections 1 to 6 of this document. | |||
18/03/2015 | 2015/592 | Automated Trading Guidelines- ESMA peer review among National Competent Authorities | Supervisory convergence | Final Report | PDF 930.33 KB |
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25/02/2015 | 2015/494 | Best Execution under MiFID | MiFID - Investor Protection, Supervisory convergence | Final Report | PDF 761.62 KB |
The European Securities and Markets Authority (ESMA) has conducted a peer review on how national regulators (national competent authorities or NCAs) supervise and enforce the MiFID provisions relating to investment firms’ obligation to provide best execution, or obtain the best possible result, for their clients when executing their orders. ESMA found that the level of implementation of best execution provisions, as well as the level of convergence of supervisory practices by NCAs, is relatively low. In order to address this situation a number of improvements were identified, including: • prioritisation of best execution as a key conduct of business supervisory issue; • the allocation of sufficient resources to best execution supervision; and • a more proactive supervisory approach to monitoring compliance with best execution requirements, both desk-based and onsite inspections. The review was conducted on the basis of information provided by 29 NCAs and complemented by on-site visits to the NCAs of France, Liechtenstein, Luxembourg, Malta, Poland and Spain. | |||
07/06/2019 | ESMA32-60-474 | Draft RTS amending Delegated Regulation (EU) 2018/815 on the updates of the taxonomy to be used for the ESEF | Corporate Disclosure, European Single Electronic Format | Final Report | PDF 6.5 MB |
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30/03/2020 | ESMA70-151-2919 | Final Report EMIR RTS on Colleges for CCPs | CCP Directorate, Post Trading, Supervisory convergence | Final Report | PDF 273.08 KB |
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18/06/2020 | ESMA32-60-607 | Final report on draft RTS including 2020 update RTS on ESEF | European Single Electronic Format | Final Report | PDF 6.21 MB |
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18/12/2020 | ESMA50-157-2403 | Final report on Guidelines on outsourcing to cloud service providers | Innovation and Products | Final Report | PDF 384.63 KB |
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18/12/2017 | ESMA32-60-204 | Final report on the RTS on the European Single Electronic Format | European Single Electronic Format | Final Report | PDF 6.37 MB |
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18/12/2015 | 2015/1887 | Follow-up report on the development of the Best Practice Principles for Providers of Shareholder Voting Research and Analysis | Corporate Finance, Corporate Governance | Final Report | PDF 645.64 KB |
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21/05/2015 | 2015/856 Ann1 | Investment-based crowdfunding- Insights from regulators in the EU | Innovation and Products | Final Report | PDF 319.65 KB |
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15/03/2018 | JC-2018-04 | Joint Committee Final Report on Big Data | Innovation and Products | Final Report | PDF 520.31 KB |
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22/12/2015 | 2015/1905 | MAD Supervisory Practices peer review follow-up | Market Abuse, Supervisory convergence | Final Report | PDF 239.64 KB |
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01/04/2020 | ESMA70-156-2311 | MiFID II Review Report on position limits and position management | MiFID - Secondary Markets, Supervisory convergence | Final Report | PDF 591.78 KB |
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11/12/2014 | 2014/1485 | MiFID – Conduct of Business, fair, clear and not misleading information | Supervisory convergence | Final Report | PDF 614.16 KB |
The European Securities and Markets Authority (ESMA) has conducted a peer review of how national regulators (national competent authorities or NCAs) supervise MiFID conduct of business rules on providing fair, clear and not misleading information to clients. The peer review focused on NCAs’ organisation, supervisory approaches, monitoring and complaints handling in relation to information and marketing communications under MiFID. The Report found that there was overall a high degree of compliance amongst NCAs with the good practices identified in these key areas. However, a variety of approaches were observed, leading to different intensity of supervision. A number of areas for improvement were identified. They include: • enhanced use of on-site inspections and thematic reviews; • a specific focus on conduct of business issues in firms’ risk assessments; and • greater efforts to detect failings by firms in a timely manner. The review was conducted on the basis of information provided by NCAs in a self-assessment questionnaire and complemented by on-site visits to the NCAs of Cyprus, the Czech Republic, Germany, Italy, Portugal, and the United Kingdom. | |||
29/11/2017 | ESMA42-111-4285 | Peer review on certain aspects of the compliance function under Mi-FID I | MiFID - Investor Protection, Supervisory convergence | Final Report | PDF 1.25 MB |
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30/07/2018 | ESMA42-111-4479 | Peer review on the Guidelines on ETFs and other UCITS issues | Supervisory convergence | Final Report | PDF 1.11 MB |
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30/06/2016 | 2016/1055 | Peer Review Report on Prospectus Approval Process | Prospectus, Supervisory convergence | Final Report | PDF 1.23 MB |
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15/04/2013 | ESMA/2013/476 | Peer Review–Money Market Fund Guidelines | Supervisory convergence | Final Report | PDF 763.46 KB |
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24/05/2012 | 2012/300 | Prospectus Directive – Good Practices in the approval process | Supervisory convergence | Final Report | PDF 467.38 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. |