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| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 11/08/2011 | 2011/266 | Public statement- harmonised regulatory action on short-selling in the EU | Short Selling, Press Releases | Statement | PDF 97.39 KB |
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| 25/11/2011 | 2011/397 | Public statement on sovereign debt in IFRS financial statements | Corporate Disclosure, Corporate Governance, IFRS Supervisory Convergence, Press Releases | Statement | PDF 189.46 KB |
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| 30/08/2012 | 2012/537 | STATEMENT- Short Selling Regulation Update: Market Maker & Primary Dealer Exemption Notification Procedure | Short Selling, Market Integrity, Press Releases | Statement | PDF 77.92 KB |
The European Securities and Markets Authority (ESMA) is publishing this notice to alert financial market participants to its upcoming consultation on the market making and authorised primary dealer exemption under the EU’s Short Selling Regulation (SSR) and the procedure to be followed by firms and regulators in dealing with notifications of intention to use the exemption. | |||
| 01/10/2012 | 2012/641 | ESMA approves Axesor S.A. as a credit rating agency | Credit Rating Agencies, Press Releases | Statement | PDF 83.07 KB |
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| 04/12/2012 | 2012/802 | Statement: Operating Principles and Areas of Exploration in the Regulation of the Cross-Border Derivatives Market | Press Releases | Statement | PDF 131.03 KB |
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| 31/07/2014 | 2014/944 | Potential Risks Associated with Investing in Contingent Convertible Instruments | Warnings and publications for investors, Innovation and Products | Statement | PDF 106.1 KB |
The European Securities and Markets Authority (ESMA) is issuing this statement to clarify to institutional investors risks from a newly emerging asset class referred to by most market participants as contingent convertibles instruments (CoCos). If they work as intended in a crisis CoCos will play an important role to inhibit risk transfer from debt holders to taxpayers. They along with standards to improve the quality and quantity of bank capital reflect a considerate response to the former regulatory capital framework. However, it is unclear as to whether investors fully consider the risks of CoCos and correctly factor those risks into their valuation. ESMA believes there are specific risks to CoCos and that investors should take those risks into consideration prior to investing in these instruments. | |||
| 18/12/2014 | 2014/1560 | Advice- Investment-based crowdfunding | Innovation and Products | Final Report | PDF 482.2 KB |
Crowdfunding is a means of raising finance for projects from ‘the crowd’ often by means of an internet-based platform through which project owners ‘pitch’ their idea to potential backers, who are typically not professional investors. It takes many forms, not all of which involve the potential for a financial return. ESMA’s focus is on crowdfunding which involves investment, as distinct from donation, non-monetary reward or loan agreement.Crowdfunding is relatively young and business models are evolving. EU financial services rules were not designed with the industry in mind. Within investment-based crowdfunding a range of different operational structures are used so it is not straightforward to map crowdfunding platforms’ activities to those regulated under EU legislation. Member States and NCAs have been working out how to treat crowdfunding, with some dealing with issues case-by-case, some seeking to clarify how crowdfunding fits into existing rules and others introducing specific requirements.To assist NCAs and market participants, and to promote regulatory and supervisory convergence, ESMA has assessed typical investment-based crowdfunding business models and how they could evolve, risks typically involved for project owners, investors and the platforms themselves and the likely components of an appropriate regulatory regime. ESMA then prepared a detailed analysis of how the typical business models map across to the existing EU legislation, set out in sections 1 to 6 of this document. | |||
| 21/05/2015 | 2015/856 Ann1 | Investment-based crowdfunding- Insights from regulators in the EU | Innovation and Products | Final Report | PDF 319.65 KB |
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| 18/12/2015 | 2015/1887 | Follow-up report on the development of the Best Practice Principles for Providers of Shareholder Voting Research and Analysis | Corporate Finance, Corporate Governance | Final Report | PDF 645.64 KB |
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| 10/02/2016 | 2016-278 | EU-US approach CCP equivalence | Post Trading, Press Releases | Statement | PDF 97.22 KB |
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| 21/07/2016 | 2016/1159 | Public notice- Infrigement by Fitch | Credit Rating Agencies, Press Releases | Statement | PDF 324.96 KB |
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| 14/11/2016 | 2016/1565 | Final Report on the clearing obligation for financial counterparties with a limited volume of activity | Post Trading, Press Releases | Final Report | PDF 478.72 KB |
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| 07/03/2017 | ESMA50-1623096732-432 | Opening remarks Financial Innovation Day | Innovation and Products | Statement | PDF 169.02 KB |
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| 07/03/2017 | ESMA50-1623096732-432x | Closing remarks Financial Innovation Day | Innovation and Products | Statement | PDF 152.27 KB |
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| 07/03/2017 | ESMA22-106-141 | Joint Statement of the SMSG and the BSG on the Draft Guidelines on the Assessment of the Suitability | Joint Committee, Securities and Markets Stakeholder Group | Statement | PDF 91.5 KB |
Joint Statement of the SMSG and the BSG on the Draft Guidelines on the Assessment of the Suitability of Members of the Management Body and Key Function Holders |
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| 31/05/2017 | ESMA71-99-470 | ESMA registers Bloomberg Trade Repository Limited as a trade repository | Press Releases, Trade Repositories | Statement | PDF 141.48 KB |
The European Securities and Markets Authority (ESMA), the EU supervisor of trade repositories (TRs), has registered Bloomberg Trade Repository Limited as a TR under the European Market Infrastructure Regulation (EMIR), with effect from 7 June 2017. Bloomberg Trade Repository Limited is based in the United Kingdom and covers the following derivative asset classes: commodities, credit, foreign exchange, equities and interest rates. |
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| 28/06/2017 | ESMA35-36-885 | Product Intervention- General Statement | Innovation and Products, MiFID - Investor Protection | Statement | PDF 123.04 KB |
This statement provides an update on the European Securities and Markets Authority’s (ESMA) work in relation to the sale of contracts for differences (CFDs), binary options and other speculative products to retail investors.
ESMA has been concerned about the provision of speculative products such as CFDs, rolling spot forex and binary options to retail investors for a considerable period of time and has conducted ongoing monitoring and supervisory convergence work in this area. In this context, ESMA has previously published a number of Q&As on CFDs and other speculative products[1] to foster supervisory convergence, having established a CFD Task Force in July 2015, and also issued a further investor warning on the sale of CFDs, binary options and other speculative products in July 2016[2].
However, ESMA remains concerned that these supervisory convergence tools may not be sufficiently effective to ensure that the risks to consumer protection are sufficiently controlled or reduced. ESMA is therefore discussing the possible use of its product intervention powers under Article 40 of MiFIR to address investor protection risks in relation to CFDs, rolling spot forex and binary options.
ESMA is in the process of discussing the possible use of its product intervention powers under Article 40 of MiFIR, the possible content of any such measures, and how they could be applied. However, ESMA can confirm that the measures being discussed for (i) CFDs and rolling spot forex and (ii) binary options include proposals that take into account a number of measures that have been adopted or publicly consulted on by EU National Competent Authorities. These measures include leverage limits, guaranteed limits on client losses, and / or restrictions on the marketing and distribution of these products.
In accordance with Article 40 of MiFIR, any intervention measures must be approved by the ESMA Board of Supervisors and can only come into effect from 3 January 2018 at the earliest[3]. [1] ESMA35-36-794 Q&A - Relating to the provision of CFDs and other speculative products to retail investors under MiFID published 31 March 2017 | [2] ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016 |
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| 29/09/2017 | ESMA71-99-602 | ESMA appoints new chairs to Standing Committees | Board of Supervisors, Corporate Disclosure, Corporate Finance, Corporate Information, Innovation and Products, Market Integrity, MiFID - Secondary Markets, Post Trading | Statement | PDF 143.69 KB |
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| 13/11/2017 | ESMA50-157-829 | ESMA alerts investors to the high risks of Initial Coin Offerings (ICOs) | Innovation and Products, Warnings and publications for investors | Statement | PDF 444.01 KB |
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| 13/11/2017 | ESMA50-157-828 | ESMA alerts firms involved in Initial Coin Offerings (ICOs) to the need to meet relevant regulatory requirements | Innovation and Products, Warnings and publications for investors | Statement | PDF 330.73 KB |