ESMA LIBRARY
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Reset all filters| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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| 25/04/2017 | ESMA22-106-196 | Advice in response to JC Discussion Paper on the Use of Big Data by Financial Institutions | Securities and Markets Stakeholder Group | SMSG Advice | PDF 144.22 KB |
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| 20/12/2013 | 2013/SMSG/017 | Advice on Consultation Paper – Draft Regulatory Technical Standards on contracts having a direct, substantial and foreseeable effect within the Un-ion and non-evasion of provisions of EMIR | Securities and Markets Stakeholder Group | SMSG Advice | PDF 27.43 KB |
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| 20/12/2013 | 2013/SMSG/018 | Advice on Discussion Paper – The Clearing Obligation under EMIR | Securities and Markets Stakeholder Group | SMSG Advice | PDF 46.94 KB |
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| 28/10/2011 | 2011/SMSG/13 | Advice on ESMA's draft technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Man-agers Directive in relation to supervision and third countries | Securities and Markets Stakeholder Group | SMSG Advice | PDF 88.23 KB |
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| 01/12/2011 | 2011/SMSG/18 | Advice on ESMA's public consultation on UCITS Exchange traded funds in the European Union | Securities and Markets Stakeholder Group | SMSG Advice | PDF 149.17 KB |
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| 28/02/2012 | 2012/SMSG/12 | Advice on Guidelines on certain aspects of the MiFID compliance function requirements | Securities and Markets Stakeholder Group | SMSG Advice | PDF 83.35 KB |
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| 28/02/2012 | 2012/SMSG/11 | Advice on Guidelines on certain aspects of the MiFID suitability requirements | Securities and Markets Stakeholder Group | SMSG Advice | PDF 138.1 KB |
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| 18/09/2015 | 2015/SMSG/026 | Advice on Proxy advisors | Securities and Markets Stakeholder Group | SMSG Advice | PDF 206.54 KB |
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| 11/11/2015 | ESMA/2015/SMSG/031 | Advice on sound remuneration under UCITS and AIFMD | Securities and Markets Stakeholder Group | SMSG Advice | PDF 123.3 KB |
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| 30/07/2015 | 2015/1236 | ESMA's advice to the European Parliament, the Council and the Commission on the application of the AIFMD passport to non-EU AIFMs and AIFs | Fund Management | Technical Advice | PDF 1.36 MB |
Executive summary Reasons for publication In accordance with Articles 36 and 42 of the Directive 2011/61/EU on Alternative Investment Fund Managers (AIFMD), non-EU alternative investment fund managers (AIFMs) and non-EU alternative investment funds (AIFs) managed by EU AIFMs are subject to the national private placement regime (NPPR) of each of the Member States where the AIFs are marketed or managed. However, the AIFMD makes provision for the passport, which is currently reserved to EU AIFMs and AIFs, to be potentially extended in future. Article 67(1) of the AIFMD establishes that, by 22 July 2015, ESMA shall issue to the European Parliament, the Council and the Commission advice on the application of the passport to non-EU AIFMs and AIFs in accordance with the rules set out in Article 35 and 37 to 41 of the AIFMD. This document sets out ESMA’s advice on the application of the passport to six non-EU countries: Guernsey, Hong Kong, Jersey, Switzerland, Singapore and the United States. Contents Section 1 of the advice sets out the background to ESMA’s work, while the detailed assessment of each of the aforementioned non-EU countries is contained in section 2. Annexes 1 to 7 contain a summary of the feedback to the call for evidence that ESMA launched in November 2014. Annex 8 gives a detailed breakdown by non-EU country of the number of non-EU AIFs and non-EU AIFMs active in Member States in accordance with Articles 36 and 42 of the AIFMD. Next Steps ESMA will continue to work on its assessment of other non-EU countries not covered in this advice with a view to delivering further submissions to the European Parliament, the Council and the Commission in the coming months. For those non-EU jurisdictions with which there are currently no supervisory cooperation arrangements in place for the purposes of the AIFMD, ESMA will continue its efforts to agree a MoU with the authorities concerned. | |||
| 20/04/2012 | 2012/236 | ESMA's Technical Advice on possible delegated acts of the short-selling and certain aspects of CDS | Short Selling, Market Integrity | Technical Advice | PDF 509.39 KB |
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| 28/11/2014 | 2014/1417 | ESMA's technical advice to the European Commission on delegated acts required by the UCITS V Directive | Fund Management | Technical Advice | PDF 469.49 KB |
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| 12/09/2016 | 2016/1140 | Final advice on AIFMD passport | Fund Management | Technical Advice | PDF 621.95 KB |
This version of the advice includes the following clarifications with respect to the assessment of the Isle of Man:
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| 17/05/2011 | 2011/144 | Final advice- ESMA´s Technical Advice to the Commission on Fees for CRAs | Credit Rating Agencies | Technical Advice | PDF 1.72 MB |
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| 16/11/2011 | 2011/379 | Final report- ESMA's technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Managers Directive | Fund Management | Technical Advice | PDF 3.51 MB |
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| 16/02/2015 | 2015/227 | Final Report- ESMA’s technical advice to the European Commission on the delegated acts of the Regulations on European Social Entrepreneurship Funds and European Venture Capital Funds | Fund Management | Technical Advice | PDF 609.09 KB |
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| 13/11/2018 | ESMA33-128-505 | Final Technical Advice Securitisation Repositories Fees | Securitisation | Technical Advice | PDF 570.74 KB |
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| 20/12/2019 | SMSG ESMA20-06-2053 | Joint position paper from the ESA stakeholder groups on the ESA review | Securities and Markets Stakeholder Group | SMSG Advice | PDF 283.55 KB |
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| 02/02/2012 | 2012/SMSG/6 | Letter regarding deadlines for the submission of ESMA’s technical standards | Securities and Markets Stakeholder Group | SMSG Advice | PDF 82.35 KB |
A letter from the ESMA Securities and Markets Stakeholder Group to Michel Barnier, Commissioner for Internal Market and Services, Sharon Bowles, Chair of ECON, and Klaus-Heiner Lehne, Chair of JURI, regarding deadlines for the submission of ESMA's technical standards. | |||
| 28/10/2011 | 2011/SMSG/12 | Position paper- ESMA's Consultation on systems and controls in a highly automated trading environment for trading platforms, investment firms and competent authorities | Securities and Markets Stakeholder Group | SMSG Advice | PDF 59.19 KB |