ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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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. | |||
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. | |||
28/02/2008 | 08-099 | CESR Executive summary to the report on administrative measures and sanctions as well as the criminal sanctions available in Member States under the Market Abuse Directive | Market Abuse | Final Report | PDF 874.1 KB |
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10/06/2013 | 2013/619 | Comparison of liability regimes in Member States in relation to the Prospectus Directive | Prospectus, Corporate Disclosure | Final Report | PDF 596.91 KB |
The European Securities and Markets Authority (ESMA) has published a report on the Comparison of liability regimes in Member States in relation to the Prospectus Directive. This is the first report of its kind and provides a comparison of liability regimes covering the EEA – comprising the 27 EU Member States along with Iceland and Norway and is aimed at providing clarity for market participants about the different regimes in place. The report contains an overview of the different arrangements and frameworks in place in EEA States to address administrative, criminal, civil and governmental liability, and provides clarity to market participants about the different regimes in place. The report was compiled in response to a European Commission request of January 2011 for assistance in identifying and monitoring the different regimes in EEA states. The report does not cover how the regimes, or sanctions, are applied. Report Comparison of liability regimes in Member States in relation to the Prospectus Directive Annex II Comparative table of responses from EEA States Annex III Individual responses from EEA States | |||
28/09/2015 | 2015/1455 CBA | Cost analysis for Final Report on MAR technical standards | Market Abuse | Final Report | PDF 2.59 MB |
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26/05/2016 | 2016/725 | Draft RTS on indirect clearing arrangements under EMIR and MiFIR | Guidelines and Technical standards, Post Trading, MiFID - Secondary Markets | Final Report | PDF 740.71 KB |
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28/09/2020 | ESMA35-43-2424 | Draft technical standards on the provision of investment services and activities in the Union by third-country firms under MiFID II and MiFIR | MiFID - Investor Protection | Final Report | PDF 1.23 MB |
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10/11/2021 | ESMA35-42-1183 | Draft technical standards under the European crowdfunding service providers for business Regulation | Crowdfunding, MiFID - Investor Protection | Final Report | PDF 1.43 MB |
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23/07/2015 | 2015/1136 | EEA prospectus activity in 2014 | Prospectus, Corporate Disclosure | Final Report | PDF 578.07 KB |
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15/04/2021 | ESMA80-193-1713 | EMIR and SFTR data quality report 2020 | Market data, Press Releases, Securities Financing Transactions, Supervisory convergence | Final Report | PDF 791.94 KB |
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23/10/2014 | 2014/1276 | ESMA Data on Prospectuses Approved and Passported – January 2013 to December 2013 | Prospectus, Corporate Disclosure | Final Report | PDF 285.12 KB |
The report compiles statistical data regarding the number of prospectuses approved and passported by National Competent Authorities in the period from January 2013 to December 2013 (with a quarterly disclosure). | |||
23/10/2014 | 2014/1277 | ESMA Data on Prospectuses Approved and Passported – January 2014 to June 2014 | Prospectus, Corporate Disclosure | Final Report | PDF 211.96 KB |
The report compiles statistical data regarding the number of prospectuses approved and passported by National Competent Authorities in the period from January 2014 to June 2014 (with a quarterly disclosure). | |||
25/09/2012 | 2012/602 | ESMA Data on Prospectuses Approved and Passported- January 2011 to December 2011 | Prospectus, Corporate Disclosure | Final Report | PDF 573.49 KB |
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25/09/2012 | 2012/603 | ESMA Data on Prospectuses Approved and Passported- January 2012 to June 2012 | Prospectus, Corporate Disclosure | Final Report | PDF 431.12 KB |
NOTE: This Report is an amended version of the Report published on 25 September 2012. The previously published Report was amended on 15 May 2013 following the discovery of factual errors in the statis-tical information in Section III.2. Title ESMA Data on Prospectuses Approved and Passported - January 2012 to June 2012 | |||
14/06/2013 | 2013/741 | ESMA Data on Prospectuses Approved and Passported—January 2012 to December 2012 | Prospectus, Corporate Disclosure | Final Report | PDF 457.11 KB |
The report compiles statistical data regarding the number of prospectuses approved and passported by National Competent Authorities in the period from January 2012 to December 2012 (with a quarterly disclosure). | |||
18/12/2013 | 2013/1943 | ESMA Data on Prospectuses Approved and Passported—January 2013 to June 2013 | Prospectus, Corporate Disclosure | Final Report | PDF 338.17 KB |
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15/07/2020 | ESMA31-62-1426 | ESMA Guidelines on disclosure requirements under the Prospectus Regulation | Prospectus | Final Report | PDF 1.41 MB |
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11/05/2005 | 05-274 | Feedback Statement- Market Abuse Directive, Level 3 – first set of guidance and information on the common operation of the Directive | Market Abuse | Final Report | PDF 79.76 KB |
http://www.cesr-eu.org/data/document/05_274.pdf | |||
26/07/2016 | 2016/1171 | Final Report Draft Implementing Technical Standards on sanctions and measures under MAR | Market Abuse, Market Integrity | Final Report | PDF 929.78 KB |
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05/06/2020 | ESMA35-36-1946 | Final Report Guidelines on certain aspects of the MiFID II compliance function requirements | Guidelines and Technical standards, MiFID - Investor Protection | Final Report | PDF 395.33 KB |