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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|31/07/2014||2014/944||Potential Risks Associated with Investing in Contingent Convertible Instruments||Warnings and publications for investors, Innovation and Products||Statement||PDF
|The European Securities and Markets Authority (ESMA) is issuing this statement to clarify to institutional investors risks from a newly emerging asset class referred to by most market participants as contingent convertibles instruments (CoCos). If they work as intended in a crisis CoCos will play an important role to inhibit risk transfer from debt holders to taxpayers. They along with standards to improve the quality and quantity of bank capital reflect a considerate response to the former regulatory capital framework. However, it is unclear as to whether investors fully consider the risks of CoCos and correctly factor those risks into their valuation. ESMA believes there are specific risks to CoCos and that investors should take those risks into consideration prior to investing in these instruments.|
|03/02/2015||2015/224||ESMA’s technical advice on possible delegated acts concerning the Market Abuse Regulation||Market Abuse||Technical Advice||PDF
|This advice:• specifies the MAR market manipulation indicators, by providing examples of practices that may constitute market manipulation as well as proposing “additional” indicators of market manipulation; • recommends to set the minimum thresholds that exempt certain market participants in the emission allowance market from publicly disclosing inside information at six million tonnes of CO2eq per year and at 2,430 MW rated thermal input;• suggests the way to determine to which regulator delays in disclosure of inside information needs to be notified. • provides clarifications on the enhanced disclosure of managers’ transactions. - ESMA recommends disclosing any acquisition, disposal, subscription or exchange of financial instruments of the relevant issuer or related financial instruments carried out by managers,, further illustrated through a non-exhaustive list of types of transactions subject to this obligation. . ESMA also clarifies the transactions that can be allowed by the issuer during a closed period when normally managers are prohibited to trade; and• proposes procedures and arrangements to ensure sound whistleblowing infrastructures – i.e. EU national regulators should allow the receipt of reports of infringements, including appropriate communication channels and guarantee the protection of reporting and reported persons, with respect to their identity and their personal data. Next steps ESMA has sent its technical advice to the European Commission for its consideration in drafting its implementing standards regarding MAR. ESMA’s regulatory technical standards regarding MAR will be delivered in July 2015.|
|25/05/2016||2016/724||Requirements for reference data submission under Article 4 MAR||Market Abuse, Market Integrity||Statement||PDF
|24/10/2022||ESMA24-436-1425||Verena Ross Opening Statement- 2022 ECON Annual Hearing, 24 October 2022||Board of Supervisors, CCP Directorate, Corporate Information, Innovation and Products, MiFID - Investor Protection, Speeches, Supervisory convergence, Sustainable finance||Statement||PDF
|31/03/2021||ESMA32-63-1156||Public statement Application of TD requirements following Brexit||Brexit, Corporate Disclosure, IFRS Supervisory Convergence, Supervisory convergence||Statement||PDF
|13/11/2018||ESMA33-128-505||Final Technical Advice Securitisation Repositories Fees||Securitisation||Technical Advice||PDF
|11/01/2019||ESMA33-128-577||Statement on Securitisation implementation||Securitisation||Statement||PDF
|28/06/2017||ESMA35-36-885||Product Intervention- General Statement||Innovation and Products, MiFID - Investor Protection||Statement||PDF
This statement provides an update on the European Securities and Markets Authority’s (ESMA) work in relation to the sale of contracts for differences (CFDs), binary options and other speculative products to retail investors.
ESMA has been concerned about the provision of speculative products such as CFDs, rolling spot forex and binary options to retail investors for a considerable period of time and has conducted ongoing monitoring and supervisory convergence work in this area. In this context, ESMA has previously published a number of Q&As on CFDs and other speculative products to foster supervisory convergence, having established a CFD Task Force in July 2015, and also issued a further investor warning on the sale of CFDs, binary options and other speculative products in July 2016.
However, ESMA remains concerned that these supervisory convergence tools may not be sufficiently effective to ensure that the risks to consumer protection are sufficiently controlled or reduced. ESMA is therefore discussing the possible use of its product intervention powers under Article 40 of MiFIR to address investor protection risks in relation to CFDs, rolling spot forex and binary options.
ESMA is in the process of discussing the possible use of its product intervention powers under Article 40 of MiFIR, the possible content of any such measures, and how they could be applied. However, ESMA can confirm that the measures being discussed for (i) CFDs and rolling spot forex and (ii) binary options include proposals that take into account a number of measures that have been adopted or publicly consulted on by EU National Competent Authorities. These measures include leverage limits, guaranteed limits on client losses, and / or restrictions on the marketing and distribution of these products.
In accordance with Article 40 of MiFIR, any intervention measures must be approved by the ESMA Board of Supervisors and can only come into effect from 3 January 2018 at the earliest.
 ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016
|08/07/2022||ESMA35-43-3137||ESMA presents the results of the 2021 Common Supervisory Action (CSA) on MiFID II product governance requirements||MiFID - Investor Protection, Supervisory convergence||Statement||PDF
|12/07/2018||ESMA42-110-998||Timely submission of requests for authorisation in the context of the United Kingdom withdrawing from the European Union||Brexit, Supervisory convergence||Statement||PDF
|21/07/2017||ESMA43-318-752||Statement to European Parliament Petitions Committee||Supervisory convergence||Statement||PDF
|13/11/2017||ESMA50-157-828||ESMA alerts firms involved in Initial Coin Offerings (ICOs) to the need to meet relevant regulatory requirements||Innovation and Products, Warnings and publications for investors||Statement||PDF
|13/11/2017||ESMA50-157-829||ESMA alerts investors to the high risks of Initial Coin Offerings (ICOs)||Innovation and Products, Warnings and publications for investors||Statement||PDF
|07/03/2017||ESMA50-1623096732-432||Opening remarks Financial Innovation Day||Innovation and Products||Statement||PDF
|07/03/2017||ESMA50-1623096732-432x||Closing remarks Financial Innovation Day||Innovation and Products||Statement||PDF
|13/03/2018||ESMA70-143-30||First meeting of the Euro Risk Free Rate Working Group – Steven Maijoor concluding remarks||Benchmarks||Statement||PDF
|07/10/2019||ESMA70-155-8500||Impact of no-deal Brexit on the application of MiFID II/MiFIR and the Benchmark Regulation (BMR)||Benchmarks, Brexit, MiFID - Secondary Markets||Statement||PDF
|01/04/2020||ESMA70-156-2287||Technical Advice to the European Commission on weekly position reports under MiFID II||MiFID - Secondary Markets, Supervisory convergence||Technical Advice||PDF
|26/03/2019||ESMA71-99-1136||SCSC Chair reappointed||Board of Supervisors, Supervisory convergence||Statement||PDF
|15/07/2020||ESMA71-99-1364||ESMA Statement on Assessment of German Financial Reporting Regime||Corporate Disclosure, Guidelines and Technical standards, Press Releases, Supervisory convergence||Statement||PDF