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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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27/03/2012 | 2012/224 | ESMA seeks views on proxy advisors | Press Releases, Corporate Governance, Corporate Disclosure | Press Release | PDF 170.89 KB |
ESMA published last Thursday a discussion paper (ESMA/2012/212) on proxy advisors active in the European Union, seeking views of stakeholders. The paper aims at giving an overview of the state and structure of the market, advisor’s methodologies, and on possible policy options. Generally, proxy advisors assist (institutional) investors and asset managers in their voting policy and strategy. Currently, there are no rules in place on a pan-European basis regarding proxy advisors. ESMA will use the feedback received on this paper to publish a feedback statement in Q4 of 2012, which will also include ESMA’s view on whether there is a need for policy action in the area. | |||
19/02/2013 | 2013/240 | ESMA recommends EU Code of Conduct for proxy advisor industry | Press Releases, Corporate Governance, Corporate Disclosure | Press Release | PDF 140.27 KB |
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18/07/2013 | 2013/992 | ESMA finalises supervisory co-operation agreements for alternative investment | Fund Management, Press Releases, International cooperation | Press Release | PDF 167.72 KB |
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12/11/2013 | 2013/1645 | ESMA clarifies shareholder cooperation in takeover situations | Corporate Disclosure, Corporate Governance, Press Releases | Press Release | PDF 86.55 KB |
ESMA clarifies shareholder cooperation in takeover situations The European Securities and Markets Authority (ESMA) has published a statement on practices governed by the Takeover Bid Directive (TBD), focused on shareholder cooperation issues relating to acting in concert and the appointment of board members. The statement contains a White List of activities that shareholders can cooperate on without the presumption of acting in concert. It also contains information on how shareholders may cooperate in order to secure board member appointments by setting out factors that national authorities may take into account when considering whether shareholders are acting in concert. The statement is in response to a request by the European Commission for clarity on these issues, following its 2012 report on the application of the TBD. It is based on information collected about the TBD’s application and common practices across the European Economic Area (EEA). The statement was prepared by the Takeover Bids Network, a permanent working group, under ESMA’s auspices, that promotes the exchange of information on practices and application of the TBD across EEA. Steven Maijoor, ESMA Chair, said: “Today’s statement means that shareholders can now be confident that they can expect authorities to take a consistent approach across the EEA to their cooperative activities. This consistency should in turn provide the reassurance needed by shareholders for the effective, sustainable engagement that is one of the cornerstones of listed companies’ corporate governance model allowing them to hold their boards to account. “ESMA believes that ensuring a consistent and convergent supervisory approach to this issue will be instrumental in affording equality of treatment to shareholders and investors across the EEA.” National competent authorities will have regard to the White List when determining whether shareholders are persons acting in concert under national takeover rules, but will also take into account all other relevant factors in making their decisions. Shareholder cooperation and acting in concert - The White List When shareholders cooperate to engage in any of the activities listed below, that cooperation will not, in and of itself, lead to a conclusion that the shareholders are acting in concert: 1. entering into discussions with each other about possible matters to be raised with the company’s board; 2. making representations to the company’s board about company policies, practices or particular actions that the company might consider taking; 3. other than in relation to the appointment of board members, exercising shareholders’ statutory rights; 4. other than in relation to a resolution for the appointment of board members and insofar as such a resolution is provided for under national company law, agreeing to vote the same way on a particular resolution put to a general meeting. If shareholders cooperate in an activity not included on the White List, this will also not result in an automatic assumption that they are acting in concert. Each case will be determined on its own particular facts. Cooperation in relation to the appointment of members of the board of a company The White List does not include any activity relating to cooperation on board appointments, due to differences in Member State approaches towards determining whether shareholders who cooperate in relation to board appointments are acting in concert. However, shareholders may wish to cooperate in order to secure board members’ appointment in a company in which they have invested. This cooperation might take the form of: 1. entering into an agreement or arrangement (informal or formal) to exercise their votes in the same way in order to support the appointment of one or more board members; 2. tabling a resolution to remove one or more board members and replace them with one or more new board members; or 3. tabling a resolution to appoint one or more additional board members. The statement therefore indicates which factors may be considered when assessing whether such cooperation is indeed an act of acting in concert. ESMA will keep the public statement under review in order to ensure that it continues to reflect accurately the practices and application of the TBD in the Member States. 2013/1642 Public Statement - Information on shareholder cooperation and acting in concert under the Takeover Bids Directive. 2013/1643 Cover Note to the Public Statement | |||
23/09/2014 | 2014/1164 Annex | Annex to the Statement by Steven Maijoor, Chair of ESMA to the ECON hearing, 23 September 2014 | Corporate Information | Final Report | PDF 503.01 KB |
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29/09/2014 | 2014/1191 | ESMA Management Board Election Results | Corporate Information, Management Board, Board of Supervisors, Press Releases | Press Release | PDF 90.35 KB |
The European Securities and Markets Authority has elected three new members to its Management Board to replace outgoing members whose term will expire in October this year. The election took place at the Board of Supervisors meeting in Rome on 25 September and the successful candidates, who will serve a term of 2½ years beginning on the 1 November 2014, are: • Cyril Roux, Central Bank of Ireland (CBI), Ireland – new member; • Gérard Rameix, Autorité des marchés financiers (AMF), France – ending first term and re-elected; and • Marek Szuszkiewicz, Komisja Nadzoru Finanswego (KNF), Poland – new member. | |||
29/10/2014 | 2014/1278 | Report on the equivalence of the Indian Accounting Standards | Corporate Disclosure, IAS Regulation | Final Report | PDF 1.7 MB |
This report fulfils the mandate received by the European Securities and Markets Authority (ESMA) from the European Commission (EC) in February 2014 to provide it with an update on the level of convergence of the Indian Accounting Standards (Ind-AS)1 towards International Financial Reporting Standards (IFRS) and the quality of application and enforcement of the Ind-AS, so that the EC can provide a progress report to the Council and the European Parliament (EP) in line with its obligations under Commission Regulation (EC) 1569/2007. |
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16/02/2015 | 2015/281 | Press Release- ESMA publishes annual report and supervisory focus for CRAs and TRs | Corporate Information, Credit Rating Agencies, Post Trading, Press Releases | Press Release | PDF 186.67 KB |
The European Securities and Markets Authority (ESMA) has published today an annual report (Report) on its direct supervisory activities in 2014 regarding credit rating agencies (CRAs) and trade repositories (TR). The report summarises the key actions taken during 2014 and outlines ESMA’s supervisory work plans for both sectors for 2015. | |||
21/05/2015 | 2015/876 | Press Release- ESMA publishes response to Capital Markets Union Green Paper | Corporate Information, Press Releases | Press Release | PDF 41.37 KB |
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15/06/2015 | 2018/933 | Press release- ESMA launches new strategy and publishes 2014 annual report | Corporate Information, Press Releases | Press Release | PDF 102.78 KB |
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26/06/2015 | 2015/1049 | ESMA announces the appointment of new chairs to Standing Committees | Corporate Information, Board of Supervisors, Press Releases | Press Release | PDF 105.46 KB |
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18/12/2015 | 2015/1871 | Proxy advisors take steps towards increased transparency | Corporate Finance, Corporate Governance, Press Releases | Press Release | PDF 157.9 KB |
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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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28/01/2016 | 2016/167 | Anneli Tuominen appointed Vice Chair of ESMA | Corporate Information, Press Releases | Press Release | PDF 139.35 KB |
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11/02/2016 | 2016/284 | ESMA publishes first supervisory convergence work programme | Corporate Information, Press Releases, Supervisory convergence | Press Release | PDF 107.18 KB |
The European Securities and Markets Authority (ESMA) has published its first Supervisory Convergence Work Programme 2016 (SCWP), which details the activities and tasks it will carry out to promote sound, efficient and consistent supervision across the European Union. The publication of the SCWP expands on the high-level objective outlined in the Annual Work Programme 2016 and fulfils a key commitment in ESMA’s Strategic Orientation 2016-2020 to outline how it would refocus its resources from single rulebook to supervisory convergence work. |
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17/02/2016 | 2016/300 | Warning- Unauthorised use of ESMA’s identity and logo | Corporate Information, Press Releases | Press Release | PDF 149.72 KB |
Unauthorised use of ESMA’s identity and logo The European Securities and Markets Authority (ESMA) has been informed that its identity and logo have been used in communications targeting company employees in order to request the transfer of company money. In addition, ESMA has been informed that attempts were made to use the name of a senior member of ESMA staff also for the purpose of fraudulent scams targeting a savings bank and a listed issuer. Please note that all references to ESMA or any ESMA employees in these communications, which do not originate from ESMA, are entirely false and have been made without ESMA’s knowledge or consent. In order to protect yourself against these unauthorised communications, ESMA advises you:
Be aware that fraudsters might use ESMA’s name, logo or the name of an ESMA staff member, a bogus website which appears to be that of ESMA, and/or make bogus references to people said to work in ESMA. Be aware of the following when making your checks:
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11/10/2016 | 2016/1458 | ESMA to focus on supervisory convergence issues in 2017 | Board of Supervisors, Management Board, Planning reporting budget, Press Releases | Press Release | PDF 230.38 KB |
The European Securities and Markets Authority (ESMA) has published its 2017 Work Programme which sets out its priorities and areas of focus for 2017 in support of its mission to enhance investor protection and promote stable and orderly financial markets. The programme reflects the shift in focus of ESMA’s work, from building the single rulebook, towards ensuring its consistent application across the European Union (EU), as outlined in its 2016-2020 Strategic Orientation. The key areas of focus under ESMA’s activities of supervisory convergence, assessing risks, single rulebook and direct supervision will be:
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13/10/2016 | 2016 IFRS Press Release | ESMA and IFRS® Foundation strengthen cooperation | Corporate Information, IAS Regulation, IFRS Supervisory Convergence | Press Release | PDF 213.42 KB |
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28/10/2016 | ESMA/2016/1527 | ESMA sets enforcement priorities for listed companies’ 2016 financial statements | Corporate Disclosure, Corporate Information, IFRS Supervisory Convergence | Press Release | PDF 230.9 KB |
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05/10/2017 | ESMA71-99-610 | ESMA maintains focus on supervisory convergence and risk assessment in 2018 | Corporate Information | Press Release | PDF 148.97 KB |
The European Securities and Markets Authority (ESMA) has published its 2018 Work Programme (WP), which sets out its priorities and areas of focus for 2018 in support of its mission to enhance investor protection and promote stable and orderly financial markets. For 2018, the key areas of focus under ESMA’s activities of supervisory convergence, assessing risks, single rulebook and direct supervision will be:
The overall budget for 2018 is expected to be €42,051,386 with a projected staff of 232.
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