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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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14/04/2021 | ESMA71-99-1637 | Retail clients continue to lose out due to high investment products costs | Fund Management, Risk Analysis & Economics - Markets Infrastructure Investors | Press Release | PDF 105.12 KB |
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01/07/2015 | 2015/1005 | Questions and Answers: Investment-based crowdfunding: money laundering/terrorist financing | Innovation and Products | Q&A | PDF 157.73 KB |
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09/11/2020 | ESMA31-67-127 | Question and answers on Transparency Directive (TD) | Brexit, Corporate Disclosure, Corporate Finance, Supervisory convergence, Transparency | Q&A | PDF 352.79 KB |
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19/07/2022 | ESMA74-362-893 | QAs on SFTR data reporting | Post Trading, Securities Financing Transactions, Trade Repositories | Q&A | PDF 405.28 KB |
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03/11/2020 | ESMA71-99-1423 | QA Fast Track Peer Review- Wirecard | Corporate Disclosure, Guidelines and Technical standards, Supervisory convergence | Q&A | PDF 248.14 KB |
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11/04/2019 | ESMA31-62-780 | Q&A on Prospectus Related Topics | Brexit, Corporate Disclosure, Corporate Finance, Corporate Governance, Corporate Information, Prospectus, Supervisory convergence | Q&A | PDF 957.9 KB |
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01/04/2022 | ESMA32-51-370 | Q&A on ESMA Guidelines on Alternative Performance Measures | Corporate Disclosure, Corporate Information | Q&A | PDF 987.02 KB |
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31/03/2015 | 2015/662 | Press release: ESMA sees improved transparency of issuers financial statements – more information needed on forbearance practices and impairment tests | Corporate Disclosure, IFRS Supervisory Convergence, Press Releases | Press Release | PDF 140.76 KB |
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06/09/2018 | ESMA71-99-1027 | Press release- Volatility spikes underline fragilities and risks to EU securities markets and investors | Press Releases, Risk Analysis & Economics - Markets Infrastructure Investors | Press Release | PDF 237.66 KB |
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18/12/2014 | 2014/1568 | Press Release- Investment-based crowdfunding needs EU-wide common approach | Innovation and Products, Press Releases | Press Release | PDF 155 KB |
The European Securities and Markets Authority (ESMA) has published an Opinion along with an Advice on Investment-based crowdfunding. The Opinion clarifies the EU rules applicable to crowdfunding, while the Advice highlights issues for consideration by the EU institutions to achieve greater regulatory and supervisory convergence within the EU.The Opinion is addressed to the national competent authorities (NCA) and provides clarity on how crowdfunding business models fit within the existing EU regulatory framework. It outlines how existing EU rules are likely to apply to crowdfunding platforms, depending on the precise business model used. It also provides guidance to NCAs who may be considering how to regulate platforms operating outside the scope of the harmonised EU rules on the key risks inherent to crowdfunding and the key components of a regulatory regime to address them.The Advice, addressed to the EU institutions – Commission, Parliament and Council, highlights the concern that strong incentives currently exist for crowdfunding platforms to structure their business models to fall outside the scope of regulation and asks them to consider policy options to reduce these incentives. Avoiding regulation presents risks to investor protection and makes it harder for platforms to grow their businesses.Steven Maijoor, ESMA Chair, said: “ESMA’s aim is to enable crowdfunding to reach its potential as a source of finance, while ensuring that risks to users of crowdfunding platforms are identified and addressed in a proportionate and convergent way across the EU. “We believe that there are benefits both for investors as well as for platforms by operating inside rather than outside the regulated space. Opinion to National Competent AuthoritiesConsidering the diverse business models used within investment-based crowdfunding and depending on the precise structures used different EU legislation may apply. The Opinion sets out an analysis of how the main business models map across existing EU rules, e.g., the Markets in Financial Instruments Directive (MiFID), the Prospectus Directive, the Directive for Alternative Investment Fund Managers (AIFMD) and other financial and banking regulations. In addition, the Opinion outlines what ESMA believes should be the key components of an appropriate regulatory regime for investment-based crowdfunding activities. ESMA’s Advice to the EU InstitutionsThe Advice to the EU institutions highlights gaps and issues in the current applicable regime where policymakers could consider taking action to ensure there is a regime protecting investors while also fit for purpose for crowdfunding platforms. These gaps and issues include: the impact of the Prospects Directive thresholds; capital requirements and the use of the MiFID optional exemption; and the potential development of a specific EU crowdfunding regime, in particular for those platforms that currently operate outside of the scope of MiFID The Opinion and Advice have been prepared in collaboration with and input from the European Banking Authority (EBA) on the regulation that falls within its scope of action, i.e. the Payment Services Directive, and constitute the first output of a co-ordinated programme of work with the next expected output being a publication by EBA on lending-based crowdfunding. In line with their respective remits, ESMA has focused on investment-based crowdfunding, while EBA has focused on lending-based crowdfunding. | |||
29/10/2021 | ESMA71-99-1751 | Press Release- European enforcers target COVID-19 and climate-related disclosures | Corporate Disclosure, IAS Regulation, IFRS Supervisory Convergence, Press Releases | Press Release | PDF 97.63 KB |
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28/10/2014 | 2014/1310 | Press Release- ESMA sets enforcement priorities for listed companies’ financial statements | Corporate Disclosure, IFRS Supervisory Convergence | Press Release | PDF 141.27 KB |
The European Securities and Markets Authority (ESMA) has published its Public Statement on European Common Enforcement Priorities (Priorities) for 2014. These Priorities identify topics which ESMA, together with European national enforcers, see as a key focus of their examinations of listed companies’ financial statements.The common enforcement priorities encompass the following topics: Preparation and presentation of consolidated financial statements and related disclosures; Financial reporting by entities which have joint arrangements and related disclosures; and Recognition and measurement of deferred tax assets. These topics are important, as they either introduce significant changes to accounting practices following the implementation of new standards, or because the current economic environment poses particular challenges to issuers in the application of certain IFRS requirements, notably when forecasting future taxable profits in periods of low economic growth.Steven Maijoor, ESMA Chair, said: “The aim of the common enforcement priorities is to achieve a high level of harmonisation in enforcement and to contribute to consistency in the application of IFRS across the EU. “In view of the impact of new standards on financial information, ESMA believes that listed companies and their auditors should pay particular attention in the areas of consolidated financial statements, joint arrangements and valuation of deferred tax assets when preparing and auditing their 2014 IFRS financial statements.“This will contribute to ensuring the relevance and reliability of financial information provided to investors, and ultimately contributes to the proper functioning of Europe’s capital markets.”Furthermore, the Public Statement highlights two areas that should be considered in the preparation of the 2014 financial statements. ESMA and the national enforcers expect EU listed banks to provide relevant information in relation to material impacts resulting from the European Central Bank’s Comprehensive Assessment of the banking sector and on any changes in the level of regulatory capital required. In addition, ESMA considers that findings included in the 2013 ESMA Report on comparability of financial statements of financial institutions continue to be of high relevance for the 2014 annual reports. The Public Statement also encourages listed companies to provide entity-specific disclosures, relevant to their performance and financial situation at the end of the period presented. ESMA believes that the early involvement and commitment of senior management in this respect is vital to ensure that listed companies give relevant and reliable information to investors.Application will be monitored and supervisedESMA and European national enforcers will monitor and supervise the application of the IFRS requirements outlined in the Priorities, with national authorities incorporating them into their reviews and taking corrective actions where appropriate. ESMA will collect data on how European listed entities have applied the Priorities and will publish its findings in early 2016.Notes for editors 2014/1309 ESMA Public Statement - European common enforcement priorities for 2014 financial statements 2014/1293 ESMA Guidelines on enforcement of financial information 2013/1664 ESMA Review of Accounting Practices - Comparability of IFRS Financial Statements of Financial Institutions in Europe ESMA is an independent EU Authority that was established on 1 January 2011 and works closely with the other European Supervisory Authorities responsible for banking (EBA), and insurance and occupational pensions (EIOPA), and the European Systemic Risk Board (ESRB). ESMA’s mission is to enhance the protection of investors and promote stable and well-functioning financial markets in the European Union (EU). As an independent institution, ESMA achieves this aim by building a single rule book for EU financial markets and ensuring its consistent application across the EU. ESMA contributes to the regulation of financial services firms with a pan-European reach, either through direct supervision or through the active co-ordination of national supervisory activity. |
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11/03/2015 | 2015/562 | Press release- ESMA sees continued tense securities market conditions | Risk Analysis & Economics - Markets Infrastructure Investors, Press Releases | Press Release | PDF 141.95 KB |
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04/10/2016 | 2016/1432 | Press release- ESMA reports on shadow banking, leverage and pro-cyclicality | Post Trading, Press Releases, Risk Analysis & Economics - Markets Infrastructure Investors | Press Release | PDF 151.69 KB |
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10/01/2019 | ESMA71-99-1081 | Press release- ESMA report finds investment product performance highly impacted by charges | MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors | Annual Report | PDF 159.37 KB |
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30/06/2015 | 2015/1068 | Press Release- ESMA publishes guidelines for issuers performance measures | Corporate Disclosure, IFRS Supervisory Convergence, Press Releases | Press Release | PDF 89.06 KB |
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23/03/2011 | 2011/82 | Press release- ESMA establishes a framework for third country prospectus and applies this new framework to facilitate Israeli issuers access | Prospectus, Corporate Disclosure, Press Releases | Press Release | PDF 189.19 KB |
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20/03/2017 | ESMA71-99-371 | Press release TRV No. 1, 2017 | Press Releases, Risk Analysis & Economics - Markets Infrastructure Investors | Press Release | PDF 226.09 KB |
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27/10/2017 | ESMA71-99-623 | Press Release on 2017 Enforcement Priorities | Audit, Corporate Disclosure, IFRS Supervisory Convergence, Press Releases | Press Release | PDF 172.2 KB |
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13/11/2017 | ESMA71-99-649 | Press Release ICO Statements | Innovation and Products, Press Releases, Warnings and publications for investors | Press Release | PDF 169.52 KB |