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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
20/03/2013 2013/317 Framework for the assessment of third country prospectuses under Article 20 of the Prospectus Directive Prospectus, Corporate Disclosure Opinion PDF
725.59 KB
18/12/2013 2013/1944 Format of the base prospectus and consistent application of Article 26(4) of the Prospectus Regulation Prospectus, Corporate Disclosure Opinion PDF
75.6 KB
27/03/2014 2014/332 Structured Retail Products- Good practices for product governance arrangements MiFID - Investor Protection, Innovation and Products Opinion PDF
203.1 KB		 Legal basis 1.    Regulation (EU) No 1095/2010 (ESMA Regulation)  sets out the European Securities and Markets Authority’s (ESMA) scope of action, tasks and powers which include “enhancing customer protection”, and “foster[ing] investor protection”.  2.    In order to continue delivering on this investor protection statutory objective, ESMA is issuing this opinion on certain aspects linked to the manufacturing and distribution of structured retail products (SRP). This opinion takes into account relevant work done in this field both at European and interna-tional level.  3.    This opinion is without prejudice to the requirements for the provision of investment services and activities established in the Markets in Financial Instruments Directive (MiFID)  and its implementing measures (notably, Directive 2006/73/EC), the regulatory developments arising from the MiFID review or existing product rules that may apply to SRPs.  4.    ESMA’s competence to deliver an opinion is based on Article 29(1) (a) of the ESMA Regulation. In accordance with Article 44(1) of the ESMA Regulation, the Board of Supervisors has adopted this opinion. Background 5.    In its July 2013 report on ‘Retailisation in the EU’ , ESMA highlighted that, from a consumer protec-tion perspective, retail investors may face difficulties in understanding the drivers of risks and returns of structured products. If retail investors do not properly understand the risk and reward profile of structured products, and if the products are not properly assessed against the risk appetite of retail investors, retail investors might be exposed to unexpected losses and this might lead to complaints, reputational risks for manufacturers and distributors, and a loss of confidence in the regulatory framework and, more broadly, in financial markets. 6.    In 2013, ESMA mapped the measures adopted in the EU Member States in relation to complex products in order to identify issues and to better understand the rationale behind national initiatives (by looking at similarities and differences in the various approaches, and reviewing how complexity has been treated in the different EU Members States). 7.    As a result, ESMA has developed a broad set of non-exhaustive examples of good practices, attached as Annex 1 hereto, illustrating arrangements that firms - taking into account the nature, scale and complexity of their business - could put in place to improve their ability to deliver on investor protection regarding, in particular, (i) the complexity of the SRPs they manufacture or distribute, (ii) the nature and range of the investment services and activities undertaken in the course of that business, and (iii) the type of investors they target. These good practices should also be a helpful tool for competent authorities in carrying out their supervisory action. Opinion 8.    ESMA considers that sound product governance arrangements are fundamental for investor protec-tion purposes, and can reduce the need for product intervention actions by competent authorities. 9.    ESMA considers that, when supervising firms manufacturing or distributing an SRP, competent authorities should promote, in their supervisory approaches, the examples of good practices for firms set out in Annex 1 hereto. 10.    Although the good practices set out in Annex 1 hereto focus on structured products sold to retail investors, ESMA considers that they may also be a relevant reference for other types of financial in-struments (such as asset-backed securities, or contingent convertible bonds), as well as when financial instruments are being sold to professional clients. 11.    The exposure to risk is an intrinsic feature of investment products. The good practices set out in Annex 1 refer to product governance arrangements and do not (and cannot) aim at removing investment risk from products.
18/12/2014 2014/1378 Opinion- Investment-based crowdfunding Innovation and Products Opinion PDF
460.92 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 this document.
01/07/2015 2015/1005 Questions and Answers: Investment-based crowdfunding: money laundering/terrorist financing Innovation and Products Q&A PDF
157.73 KB
01/07/2015 2015/1015 ESMA assessment of Israeli laws and regulations on prospectuses Corporate Disclosure Opinion PDF
173.89 KB
25/09/2015 2015/1462 ESMA opinion on accounting for Deposit Guarantee Scheme Corporate Disclosure, IFRS Supervisory Convergence Opinion PDF
127.91 KB
08/02/2016 2016/268 Opinion on equivalence of Turkish prospectus regime Prospectus Opinion PDF
98.76 KB
02/05/2016 2016/666 Opinion on draft RTS 2 non-equity transparency MiFID - Secondary Markets Opinion PDF
193.79 KB
02/05/2016 2016/666 ANNEX Annex- Opinion on draft RTS 2 non-equity transparency MiFID - Secondary Markets Opinion PDF
633.28 KB
02/05/2016 2016/668 Opinion on draft RTS 21 position limits MiFID - Secondary Markets Opinion PDF
152.8 KB
02/05/2016 2016/668 ANNEX Annex- Opinion on draft RTS 21 position limits MiFID - Secondary Markets Opinion PDF
124.02 KB
12/05/2016 ESA/2016/41 Opinion of the ESAs- ECAI credit assessments Credit Rating Agencies, Joint Committee Opinion PDF
379.79 KB
30/05/2016 2016/730 Opinion on draft RTS 20 on ancillary activity MiFID - Secondary Markets Opinion PDF
148.29 KB
30/05/2016 2016/730 ANNEX Annex- Opinion on draft RTS 20 on ancillary activity MiFID - Secondary Markets Opinion PDF
220.42 KB
19/12/2016 2016/1673 2016-1673 Q&A on MiFID II commodity derivatives topics MiFID - Secondary Markets Q&A PDF
338.93 KB
12/01/2017 ESMA50-1215332076-23 Opinion on the impact of the exclusion of fund management companies from the scope of the MiFIR intervention powers Innovation and Products Opinion PDF
224.29 KB
22/05/2017 ESMA70-156-117 Opinion on traded on a trading venue under MiFID II MiFID - Secondary Markets Opinion PDF
155.64 KB
13/07/2017 ESMA70-154-270 Opinion to support supervisory convergence in the area of secondary markets in the context of the United Kingdom withdrawing from the European Union Brexit, MiFID - Secondary Markets, Supervisory convergence Opinion PDF
181.69 KB
10/08/2017 ESMA70-155-988 ESMA Opinion on AMF position limits on corn MiFID - Secondary Markets Opinion PDF
337.15 KB

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