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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
25/11/2011 2011/397 Public statement on sovereign debt in IFRS financial statements , , , Statement PDF
189.46 KB
12/11/2013 2013/1642 Information on shareholder cooperation and acting in concert under the Takeover Bids Directive , Statement PDF
321.63 KB
The European Securities and Markets Authority (ESMA) has published a statement on practices governed by the Takeover Bid Directive (TBD), focused on shareholder cooperation issues relating to acting in concert and the appointment of board members. The statement contains a White List of activities that shareholders can cooperate on without the presumption of acting in concert. It also contains information on how shareholders may cooperate in order to secure board member appointments by setting out factors that national authorities may take into account when considering whether shareholders are acting in concert. The statement is in response to a request by the European Commission for clarity on these issues, following its 2012 report on the application of the TBD. It is based on information collected about the TBD’s application and common practices across the European Economic Area (EEA). The statement was prepared by the Takeover Bids Network, a permanent working group, under ESMA’s auspices, that promotes the exchange of information on practices and application of the TBD across EEA.
19/02/2013 2013/84 Feedback statement on the consultation regarding the role of the proxy advisory industry , Statement PDF
559.31 KB
19/11/2015 2015/1750 EMIR statement re bank guarantees energy market Statement PDF
111.67 KB
21/10/2015 2015/BS/139rev SoC Board of Supervisors- 9 July conference call Summary of Conclusions PDF
147.59 KB
21/10/2015 2015/BS/140 SoC June 2015 Board of Supervisors Summary of Conclusions PDF
271.78 KB
21/10/2015 2015/BS/168rev SoC Board of Supervisors- conference call 31 August 2015 Summary of Conclusions PDF
122.18 KB
01/12/2015 2015/BS/202rev1 Summary of Conclusions September 2015 Board meeting Summary of Conclusions PDF
268.78 KB
17/12/2015 2015/BS/232rev SoC November 2015 Board of Supervisors Summary of Conclusions PDF
279.1 KB
10/02/2016 2016-278 EU-US approach CCP equivalence , Statement PDF
97.22 KB
19/07/2016 2016-BS-151rev1 Summary of Conclusions BoS meeting 25 May 2016 Summary of Conclusions PDF
303.49 KB
30/09/2016 2016/1408 ESMA appoints new chairs to Standing Committees , , , Statement PDF
141.3 KB

The Board of Supervisors of the European Securities and Markets Authority (ESMA) has appointed the following individuals to serve as chairs of its standing committees:

  • Hannelore Lausch, Executive Director of the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin), Germany, will chair the Market Data Standing Committee;
  • Cyril Roux, Deputy Governor of the Central Bank of Ireland (CBI, will chair the Investment Management Standing Committee; and
  • Merel van Vroonhoven, Chair of the Autoriteit Financiële Markten (AFM), Netherlands, will chair the Investor Protection and Intermediaries Standing Committee.

The standing committees are expert groups drawn from ESMA staff and the national competent authorities for securities markets regulation in the Member States, and are responsible for the development of policy in their respective areas.  The appointments are for a period of two years and commence with immediate effect.

02/02/2016 2016/165 Public Statement- Supervisory work on potential closet index tracking Statement PDF
258.17 KB

The European Securities and Markets Authority (ESMA) is issuing this statement to inform stakeholders and especially investors about the potential for some European collective investment funds to be ‘closet index trackers’, and to give details on the work that ESMA has been doing in this context.

Introduction

  1. ESMA’s attention was drawn to an alleged practice in the European collective investment management industry whereby asset managers claim, according to their fund rules and investor information documentation, to manage their funds in an active manner while the funds are, in fact, staying very close to a benchmark and therefore implementing an investment strategy which requires less input from the investment manager. At the same time, it is alleged that these funds charge management fees in line with those of funds that are considered to be actively managed[1]. This practice is commonly referred to as ‘closet indexing’ or ‘index hugging’.
  2. In many EU Member States, NCAs have launched or are in the process of launching specific investigations, in addition to their regular monitoring and supervisory functions, to determine the potential extent of closet indexing in their jurisdictions, with a focus on equity funds at this stage. At the same time, the issue has been the subject of considerable attention by investor protection groups and the media throughout the European Union.

Reasons for issuing this statement

  1. The issues around ‘closet indexing’ form part of a broader issue on the effectiveness of investor disclosure and the legitimate expectations of investors in respect of the service provided by some asset managers. Nonetheless, the potential practice of closet indexing in Europe raises questions that merit closer analysis. The analysis carried out by ESMA (see paragraphs 9 to 16 for more details) indicates that there might be a small, but not insignificant number of funds in the EU equity fund sector that may be closet index trackers. If the existence of this practice were to be confirmed by further supervisory scrutiny carried out at national level, this could mean that:
  1. investors could be making investment decisions based on an expectation that they will be provided with a more active fund management service than they receive in practice and, therefore, may be paying higher management fees than that usually envisaged for a passive/not significantly active management service;
  2. investors may be exposed to a different risk/return profile than they expect; and
  3. some asset managers may not provide clear descriptions of how funds are managed in key disclosure documents such as the fund’s Prospectus and Key Investor Information Document (KIID).
  1. ESMA considers it important that fund managers take their commitments in disclosure documents seriously. Managers should expect supervisory consequences where evidence for incorrect disclosures is proven.
 

[1] ESMA recognises that management fees may depend on a number of factors.

13/06/2016 2016/943 Statement by Verena Ross at ECON Public Hearing on Securitisation , Statement PDF
242.38 KB
01/06/2016 2016/BS/110rev1 Summary of conclusions BoS meeting 23/03/2016 Summary of Conclusions PDF
258.81 KB
20/06/2016 2016/BS/117rev1 Summary of Conclusions Board of Supervisors Conference call 28/04/2016 Summary of Conclusions PDF
208.82 KB
03/10/2016 2016/BS/201rev Summary of Conclusions- Board of Supervisors Meeting 12 July 2016 Summary of Conclusions PDF
230.3 KB
10/11/2016 2016/BS/259rev1 Summary of Conclusions Board of Supervisors meeting 28/09/2016 Summary of Conclusions PDF
244.71 KB
03/02/2016 2016/BS/2rev1 SoC Board of Supervisors Summary of Conclusions PDF
212.94 KB
16/12/2016 2016/BS/309rev1 Summary of Conclusions Board of Supervisors meeting 09/11/2016 Summary of Conclusions PDF
376.7 KB

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