ESMA LIBRARY
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Reset all filters| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 15/03/2018 | 15-3-18 | ESAs weigh benefits and risks of Big Data | Innovation and Products, Press Releases | Press Release | PDF 20.5 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. | |||
| 27/03/2014 | 2014/334 | ESMA issues good practices for structured retail product governance | MiFID - Investor Protection, Innovation and Products | Press Release | PDF 105.37 KB |
The European Securities and Markets Authority (ESMA) has published an opinion on structured retail products, setting out good practices for firms when manufacturing and distributing these products. | |||
| 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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| 22/04/2015 | 2015/532 | Investment using virtual currency or distributed ledger technology | Innovation and Products | Consultation Paper | PDF 526.19 KB |
ESMA has been monitoring and analysing virtual currency investment over the last 6 months, to understand developments in the market, potential benefits or risks for investors, market integrity or financial stability, and to support the functioning of the EU single market. ESMA’s analysis is set out in this paper. ESMA is seeking to share its analysis in order to promote wider understanding of innovative market developments, and invites market participants and other stakeholders to submit feedback and any additional information on the following topics: Virtual currency investment products, i.e. collective investment schemes or derivatives such as options and CFDs that have virtual currencies (VCs) as an underlying or invest in VC related businesses and infrastructure; Virtual currency based assets/securities and asset transfers, i.e. financial assets such as shares, funds, etc. that are exclusively traded using virtual currency distributed ledgers (also known as block chains);and The application of the distributed ledger technology to securities/investments, whether inside or outside a virtual currency environment. | |||
| 30/09/2016 | 2016/1409 | Draft RTS and ITS under SFTR and amendments to related EMIR RTS | Post Trading, Securities Financing Transactions | Consultation Paper | PDF 5.63 MB |
The European Securities and Markets Authority (ESMA) is publishing this Consultation Paper as part of its consultations on Level 2 measures under the Securities Financing Transactions Regulation (SFTR) as well as certain amendments to the Level 2 measures under EMIR in order to take into account legal developments as well as to ensure consistency, where relevant, between the frameworks of both regulations Contents Section 1 is the executive summary of the document. Section 2 explains the background to our proposals. Section 3 includes detailed information on the procedure and criteria for registration as TR under SFTR. Section 4 details the use of internationally agreed reporting standards, the reporting logic under SFTR and the main aspects of the structure of an SFT report. Section 5 covers the requirements regarding transparency of data and aggregation and comparison of data. Section 6 details the access levels of authorities. Section 7 contains the tables of fields, for the relevant types of SFTs, as well as a summary of all the questions. Next Steps ESMA will consider the feedback it received to this document in the fourth quarter of 2016. The final report and the draft technical standards will be submitted to the European Commission for endorsement by the end of Q1/beginning Q2 2017. |
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| 30/09/2016 | 2016/1411 | ESMA consults on future reporting rules for securities financing transactions | Post Trading, Press Releases, Securities Financing Transactions | Press Release | PDF 148.11 KB |
The European Securities and Markets Authority (ESMA) has issued today a consultation paper on draft technical standards implementing the Securities Financing Transaction Regulation (SFTR), which aims to increase the transparency of shadow banking activities. Securities financing transactions (SFTs) are transactions where securities are used to borrow cash (or other higher investment-grade securities), or vice versa – this includes repurchase transactions, securities lending and sell/buy-back transactions. |
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| 02/06/2016 | 2016/743 | ESMA assesses usefulness of distributed ledger technologies | Innovation and Products, Press Releases, Risk Analysis & Economics - Markets Infrastructure Investors | Press Release | PDF 152.48 KB |
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| 02/06/2016 | 2016/773 | Discussion Paper on the Distributed Ledger Technology Applied to Securities Markets | Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors | Consultation Paper | PDF 573.86 KB |
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| 25/05/2021 | ESMA-50-164-4518 | Call for evidence- Digital Finance | Innovation and Products | Consultation Paper | PDF 300.37 KB |
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| 03/06/2020 | ESMA50-164-3342 | Draft Guidelines on Outsourcing to Cloud Service Providers | Innovation and Products | Consultation Paper | PDF 390.7 KB |
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| 27/05/2019 | ESMA70-151-1985 | Consultation paper on Guidelines for reporting under Articles 4 and 12 SFTR | Securities Financing Transactions | Consultation Paper | PDF 1.32 MB |
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| 12/01/2017 | ESMA71-844457584-322 | ESMA calls for consistent application of MiFIR product intervention powers | Innovation and Products | Press Release | PDF 131.28 KB |
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| 09/01/2019 | ESMA71-99-1084 | Crypto-assets need common EU-wide approach to ensure investor protection | Innovation and Products, Press Releases | Press Release | PDF 148.74 KB |
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| 09/03/2020 | ESMA71-99-1287 | ESMA Supervision WP 2020 | Benchmarks, Credit Rating Agencies, Press Releases, Securities Financing Transactions, Securitisation, Trade Repositories | Press Release | PDF 130.42 KB |
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| 03/06/2020 | ESMA71-99-1334 | ESMA consults on cloud outsourcing guidelines | Innovation and Products | Press Release | PDF 95.46 KB |
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| 15/04/2021 | ESMA71-99-1651 | ESMA highlights need for increased efforts on EMIR and SFTR data quality | Market data, Press Releases, Securities Financing Transactions, Supervisory convergence | Press Release | PDF 85.72 KB |
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| 25/05/2021 | ESMA71-99-1670 | ESMA launches call for evidence on digital finance | Innovation and Products, Press Releases | Press Release | PDF 86.79 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 |
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| 28/05/2021 | ESMA74-362-1941 | Consultation Paper on the Guidelines on transfer of data between Trade Repositories under EMIR and SFTR | Market data, Securities Financing Transactions, Trade Repositories | Consultation Paper | PDF 658.69 KB |