ESMA LIBRARY
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Reset all filters| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 07/01/2021 | ESMA71-99-1505 | CFTC and ESMA Sign Enhanced MOU Related to Certain Recognized Central Counterparties | CCP Directorate, Press Releases | Press Release | PDF 75.21 KB |
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| 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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| 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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| 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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| 21/12/2016 | 2016/1682 | 2016-1682 Press Release on Feedback Statement on ESEF | Corporate Disclosure, European Single Electronic Format, Press Releases, Transparency | Press Release | PDF 225.03 KB |
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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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| 18/12/2017 | ESMA 71-99-670 | New rules make EU issuers’ annual financial reports machine-readable | European Single Electronic Format | Press Release | PDF 218.36 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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| 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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| 28/05/2020 | ESMA33-128-563 | Questions and answers on the Securitisation Regulation | Securitisation | Q&A | PDF 1.18 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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| 08/11/2018 | ESMA71-99-1055 | ESMA proposes a regulatory change to support the Brexit preparations of counterparties to uncleared OTC derivatives | Brexit, Post Trading, Press Releases | Press Release | PDF 149.65 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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| 01/02/2019 | ESMA71-99-1096 | ESMA and EU securities regulators MoUs with FCA | Board of Supervisors, Brexit, Credit Rating Agencies, Fund Management, Press Releases, Trade Repositories | Press Release | PDF 80.5 KB |
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| 04/02/2019 | ESMA71-99-1107 | ESMA agrees no-deal Brexit MOUs with the Bank of England for recognition of UK CCPs and the UK CSD | Brexit, Post Trading, Press Releases | Press Release | PDF 131.3 KB |
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| 18/02/2019 | ESMA71-99-1114 | ESMA to recognise three UK CCPs in the event of a no-deal Brexit | Brexit, Post Trading, Press Releases | Press Release | PDF 128.51 KB |
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| 01/03/2019 | ESMA71-99-1119 | ESMA to recognise the UK Central Securities Depository- no deal | Brexit, Post Trading, Press Releases | Press Release | PDF 79.27 KB |