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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
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.
22/12/2014 JC/GL/2014/01/IT Allegato I. Modello per il processo di mappatura del conglomerato finanziario (allegato JC 2014 070) Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
68.26 KB
22/12/2014 JC/GL/2014/01/RO Anexa I: Formular pentru procesul de mapare aferent conglomeratului financiar (Anexa 2014 070 a Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
66.2 KB
22/12/2014 JC/GL/2014/01/PT Anexo I: Modelo para o processo de levantamento do conglomerado financeiro (JC 2014 070 Anexo) Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
68.14 KB
22/12/2014 JC/GL/2014/01/ES Anexo I: Plantilla para el proceso de asignación del conglomerado financiero (Anexo 2014 070 del Comité Mixto) Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
68.87 KB
22/12/2014 JC/GL/2014/01/DE Anhang I: Vorlage für das Mapping-Verfahren für Finanzkonglomerate (ABl. 2014 070 Anhang) Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
68.05 KB
22/12/2014 JC/GL/2014/01/MT Anness I: Mudell għall-proċess ta’ mmappjar għall-konglomerat finanzjarju (Anness JC 2014 070) Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
68.01 KB
22/12/2014 JC/GL/2014/01/FR Annexe I: modèle pour le processus de cartographie du conglomérat financier (annexe JC 2014 070) Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
68.7 KB
09/03/2016 ESAs/2016/22 Annexes to RTS on Risk Mitigation LegisWrite Joint Committee Final Report PDF
297.23 KB
12/01/2012 2012/3 Annual report on the application of the Regulation on credit rating agencies as provided by Article 21(5) and Article 39a of the Regulation (EU) No 1060/2009 as amended by Regulation No 1095/2010 Credit Rating Agencies Final Report PDF
141.98 KB		 This is the first report under the new CRA regulation, however, please note that CESR published a report about the application of the Regulation in the EU and, in particular, on the implementation of the requirements established in Annex I of the Regulation on 6 December 2010 (CESR/10-1424), according to Article 21(4) of the Regulation which was subsequently amended by Regulation No (EC) 513/2011. At the time of publication, 16 CRA's have been registered.
18/03/2013 2013/308 Annual report on the application of the Regulation on credit rating agencies- 2012 Credit Rating Agencies Final Report PDF
601.08 KB		 This is the second annual report on the application of the Credit Rating Agencies Regulation. 
25/08/2014 JC/2014/43 fi Arvopaperialaa (ESMA) ja pankkialaa (EPV) koskevat ohjeet valitusten käsittelystä Joint Committee, Guidelines and Technical standards Guidelines & Recommendations PDF
150.96 KB		 The European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) published today their Joint Committee final Report on guidelines for handling consumer complaints in the securities and banking sectors. The document aims to increase market confidence and for the benefit of consumers and firms alike it will ensure a harmonised approach to handling complaints for all 28 EU Member States and across all financial services sectors.The final report published today is part of the efforts of the European Supervisory Authorities to bring further supervisory convergence across the securities and banking sectors. It was developed on the basis of the existing complaints-handling guidelines established by EIOPA (the European Insurance and Occupational Pensions Authority) for the insurance sector. The report was launched for a public consultation last year and this final version takes into consideration the feedback received.ESMA and the EBA consider that these guidelines will ensure a consistent approach to complaints-handling across the EU. Consumers can purchase financial services and products in the investment, banking and insurance sectors across the entire EU Single Market and these guidelines will allow them to refer to a single set of complaints-handling arrangements. EU consumers will therefore be able to rely on the same approach irrespective of what type of product they have purchased and where they have purchased it.In addition to strengthening consumer protection -a key statutory objective for ESMA and for the EBA-, the guidelines will also allow firms, some of which sell products from more than one sector across the EU, to streamline and standardise their own complaints-handling arrangements. National regulators too will be able to supervise the same harmonised requirements across all sectors of financial services in their own jurisdictions.The guidelines will be translated into the official languages of the European Union (EU) and they will become applicable two months after the date of publication of their translations.
22/12/2014 JC/GL/2014/01 LT Bendrosiosgairės dėl priežiūros praktikos, kuri susijusi su finansinių konglomeratų priežiūros veiklos koordinavimo tvarkos suderinimu, konvergencijos Guidelines and Technical standards, Joint Committee Guidelines & Recommendations PDF
227.31 KB
22/12/2014 JC/GL/2014/01/NL Bijlage I: Model voor het in kaart brengen (mapping) van het financiële conglomeraat (JC 2014 07 Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
67.95 KB
22/12/2014 JC/GL/2014/01/DA Bilag I: Skema til brug for kortlægningen af det finansielle konglomerat (JC 2014 070 Bilag) Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLS
93.5 KB
22/12/2014 JC/GL/2014/01/SV Bilaga I: Mall för kartläggningsprocessen för det finansiella konglomeratet (JC 2014 070 Guidelines and Technical standards, Joint Committee Guidelines & Recommendations XLSX
62.26 KB
10/06/2013 2013/619 Comparison of liability regimes in Member States in relation to the Prospectus Directive Prospectus, Corporate Disclosure Final Report PDF
596.91 KB		 The European Securities and Markets Authority (ESMA) has published a report on the Comparison of liability regimes in Member States in relation to the Prospectus Directive.   This is the first report of its kind and provides a comparison of liability regimes covering the EEA – comprising the 27 EU Member States along with Iceland and Norway and is aimed at providing clarity for market participants about the different regimes in place. The report contains an overview of the different arrangements and frameworks in place in  EEA States to address administrative, criminal, civil and governmental liability, and provides clarity to market participants about the different regimes in place. The report was compiled in response to a European Commission request of January 2011 for assistance in identifying and monitoring the different regimes in EEA states.   The report does not cover how the regimes, or sanctions, are applied.    Report Comparison of liability regimes in Member States in relation to the Prospectus Directive Annex II Comparative table of responses from EEA States Annex III Individual responses from EEA States
17/12/2012 2011/188 Cooperation including delegation between ESMA, the competent authorities and the sectoral competent authorities under Regulation (EU) No 513/2011 on credit rating agencies Credit Rating Agencies Guidelines & Recommendations PDF
190.32 KB
21/02/2014 2014/151 Credit Rating Agencies Annual Report 2013 Credit Rating Agencies Final Report PDF
507.61 KB		 The European Securities and Markets Authority (ESMA) has published its Annual Report 2013 (Report) on credit rating agencies (CRAs) in the European Union (EU). The Report also outlines ESMA’s supervisory work plan for this year. ESMA has found that CRAs continue to progress in how they comply with the CRA Regulation, including improved internal transparency and disclosure to the market on credit rating activities as well as empowerment of the compliance function. However, ESMA considers that improvements are still necessary, notably in the following areas: • validation of rating methodologies, to ensure that a credit rating assessment is a comprehensive risk assessment leading to high quality ratings; • internal governance, ensuring the full independence of the internal review function and thereby reducing the risk of potential conflict of interest; and • robust IT systems to support the rating process, including information security controls and protection of confidential rating information. These issues form the basis for much of ESMA’s supervision activities as outlined in its 2014 work plan. This includes the completion of the two on-going supervisory reviews into CRAs’ monitoring of structured finance ratings and into small and medium-sized CRAs. A new thematic investigation on how CRAs review and validate their rating methodologies will also be launched, as well as dedicated work on CRAs’ IT systems and controls. Following the entry into force of the amended CRA Regulation in June 2013, ESMA will also complete a specific assessment on CRAs’ compliance with the new regulatory requirements.
22/12/2014 JC/GL/2014/01 ES Directrices comunes sobre la convergencia de las prácticas supervisoras con respecto a la coherencia de los acuerdos de coordinación de la supervisiónde conglomerados financieros Guidelines and Technical standards, Joint Committee Guidelines & Recommendations PDF
181.09 KB

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