ESMA LIBRARY
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Reset all filters| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 07/02/2014 | 2014/146 | MiFID practices for firms selling complex products | MiFID - Investor Protection, Warnings and publications for investors | Opinion | PDF 122.37 KB |
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| 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. | |||
| 24/04/2014 | 2013/922 | Compliance table- suitability guidelines | MiFID - Investor Protection, Guidelines and Technical standards | Compliance table | PDF 74.33 KB |
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| 24/04/2014 | 2013/923 | Compliance table- compliance guidelines | Guidelines and Technical standards, MiFID - Investor Protection | Compliance table | PDF 100.87 KB |
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| 07/10/2014 | 2014-1213 | Guidelines compliance table for Guidelines on remuneration policies and practices (MiFID) | MiFID - Investor Protection | Compliance table | PDF 122.41 KB |
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| 05/02/2016 | 2016/234 | ESMA’s supervision of credit rating agencies and trade repositories- 2015 annual report and 2016 work plan. | Credit Rating Agencies, Trade Repositories | Report | PDF 2.08 MB |
The European Securities and Markets Authority’s (ESMA) annual report and work programme has been prepared according to Article 21 of Regulation 1060/2009 on credit rating agencies as amended (the CRA Regulation) and Article 85 of Regulation 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR). It highlights the direct supervisory activities carried out by ESMA during 2015 regarding credit rating agencies (CRAs) and trade repositories (TRs) and outlines ESMA’s main priorities in these areas for 2016. ESMA adopts a risk-based approach to the supervision of CRAs and TRs in accordance with its overall objectives of promoting financial stability and orderly markets and enhancing investor protection. This risk-based approach requires the analysis of information from a variety of sources and the application of multiple supervisory tools including day-to-day supervision, cycle of engagement meetings with supervised entities, on-site inspections and dedicated investigations. In order to build on the expertise that ESMA has developed through its supervision of CRAs and TRs, ESMA created a single Supervision Department in November 2015. ESMA intends to draw on the best practices identified from the supervision of both types of entity to further enhance its supervisory effectiveness in future. |
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| 18/02/2016 | 2015/SMSG/036 | SMSG Advice on ESEF | European Single Electronic Format, Securities and Markets Stakeholder Group | SMSG Advice | PDF 109.63 KB |
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| 21/12/2016 | 2016/1668 | 2016-1668 ESMA feedback statement on ESEF | Corporate Disclosure, European Single Electronic Format, Transparency | Report | PDF 6.98 MB |
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| 11/01/2017 | ESMA42-1643088512-2962 | ESMA42-1643088512-2962 Follow-up Report to the Peer Review on Best Execution | MiFID - Investor Protection, MiFID - Secondary Markets, Supervisory convergence | Report | PDF 774.17 KB |
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| 03/02/2017 | ESMA80-1467488426-27 | Supervision Annual Report 2016 and Work Programme 2017 | Credit Rating Agencies, Trade Repositories | Report | PDF 2.49 MB |
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| 13/07/2017 | ESMA35-43-762 | Opinion to support supervisory convergence in the area of investment firms in the context of the United Kingdom withdrawing from the European Union | Brexit, MiFID - Investor Protection, Supervisory convergence | Opinion | PDF 236.23 KB |
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| 05/10/2017 | ESMA20-95-619 | 2018 Work Programme | Corporate Information, Planning reporting budget | Report | PDF 533.61 KB |
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| 11/01/2018 | ESMA80-196-954 | Thematic Report- On fees charged by Credit Rating Agencies and Trade Repositories | Credit Rating Agencies, Trade Repositories | Report | PDF 1.14 MB |
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| 01/06/2018 | ESMA50-162-214 | Product Intervention Analysis Binary Options | MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors | Report | PDF 776.15 KB |
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| 01/06/2018 | ESMA50-162-215 | Product Intervention Analysis CFDs | MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors | Report | PDF 1.26 MB |
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| 24/07/2018 | ESMA42-111-4653 | Follow-up Report to the Peer Review on MiFID Suitability Requirements | MiFID - Investor Protection | Report | PDF 435.05 KB |
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| 02/04/2019 | ESMA-35-43-1780 | ESMA opinion under Article 43(2) MiFIR (AFM_CFDs) | MiFID - Investor Protection | Opinion | PDF 97.4 KB |
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| 02/04/2019 | ESMA-35-43-1776 | ESMA opinion under Article 43(2) MiFIR (AFM_BO) | MiFID - Investor Protection | Opinion | PDF 97.69 KB |
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| 02/04/2019 | ESMA-35-43-1797 | ESMA opinion under Article 43(2) MiFIR (KNF_BO) | MiFID - Investor Protection | Opinion | PDF 101.6 KB |
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| 02/04/2019 | ESMA-35-43-1811 | ESMA opinion under Article 43(2) MiFIR (FCA_BO) | MiFID - Investor Protection | Opinion | PDF 110.99 KB |