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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
14/09/2011 2011/288 Call for evidence- Empty voting , , Consultation Paper PDF
81.13 KB
22/07/2011 2011/BS/141 Summary of conclusions- Board of Supervisors meeting of 12 April 2011 Reference PDF
139.03 KB
22/07/2011 2011/BS/142 Summary of conclusions- Board of Supervisors meeting of 25 May 2011 Reference PDF
117.04 KB
02/12/2011 2011/BS/179 Summary of conclusions- Board of Supervisors meeting on 11-12 July 2011 Reference PDF
55.2 KB
02/12/2011 2011/BS/180 Summary of conclusions- Board of Supervisors conference calls on 25 and 28 July 2011 Reference PDF
98.62 KB
02/12/2011 2011/BS/209 Summary of conclusions- Board of Supervisors meeting on 20 September 2011 Reference PDF
119.95 KB
13/02/2012 2011/BS/233 Summary of conclusions- Board of Supervisors meeting of 8 November 2011 Reference PDF
121.56 KB
13/02/2012 2011/BS/234 Summary of conclusions- Board of Supervisors conference call on 23 November 2011 Reference PDF
22.39 KB
22/03/2012 2012/212 Discussion Paper- An Overview of the Proxy Advisory Industry. Considerations on Possible Policy Options , Consultation Paper PDF
524.85 KB
This Discussion Paper focuses on the development of the proxy advisory industry in Europe, which mainly serves institutional investors such as asset managers, mutual funds and pension funds. Following its fact-finding work in 2011, ESMA recognises the proxy advisory industry within Europe is, or is expected to be, growing in prominence and investors are, or are expected to be, increasingly using proxy advisor services. In this paper ESMA identifies several key issues related to the proxy advisory market which may have an impact on the proper functioning of the voting process. The range of policy options that ESMA will consider, and on which it seeks further input from market participants, consists of four broad areas, including: 1.    No EU-level action at this stage 2.    Encouraging Member States and/or industry to develop standards 3.    Quasi-binding EU-level regulatory instruments 4.    Binding EU-level legislative instruments ESMA will consider these options based on the feedback it receives from market participants, and, if appropriate, will undertake further policy action, either directly or by providing an opinion to the European Commission. The reason to bring up some policy options is due to the fact that proxy advisors are currently not regulated at a pan-European level. Nevertheless, there are relevant European rules that apply to investors (e.g. for UCITS management companies when exercising voting rights). In addition, there are also well-recognised corporate governance standards that apply to issuers at a national level (based on the “comply or explain approach”) and some complements to improve standards of stewardship among investors. All feedback received from this Discussion Paper will be duly considered. ESMA expects to publish a feedback statement in Q4 of 2012 which will summarise the responses received and will state ESMA’s view on whether there is a need for policy action in this area.
15/11/2012 2012/BS/124 Summary of conclusions BoS meeting 11/09/12 Reference PDF
256.01 KB
15/11/2012 2012/BS/125 Summary of conclusions BoS meeting 24/09/12 Reference PDF
222.36 KB
19/02/2013 2012/BS/143 Summary of conclusions BoS meeting 06/11/12 Reference PDF
276.17 KB
24/04/2012 2012/BS/29 Board of Supervisors meeting on 14 February 2012 Reference PDF
257.22 KB
01/03/2012 2012/BS/4 Board of Supervisors meeting on 20 December 2011 Reference PDF
258.17 KB
29/06/2012 2012/BS/46 Board of Supervisors meeting on 20 March 2012 Reference PDF
240.14 KB
01/03/2012 2012/BS/5 Board of Supervisors meeting on 18 January 2012 Reference PDF
189.43 KB
29/06/2012 2012/BS/66 Board of Supervisors meeting on 17 April 2012 Reference PDF
251.54 KB
15/11/2012 2012/BS/96 Summary of conclusions BoS meeting 19/06/12 Reference PDF
302.09 KB
12/11/2013 2013/1643 Cover Note- Public statement containing information on shareholder cooperation and acting in concert under the Takeover Bids Directive (ESMA/2013/1642) , Reference PDF
145.01 KB
In accordance with its mandate to take appropriate action in the context of takeover bids as per Article 1.3 of Regulation (EU) 1095/2010 (ESMA Regulation), ESMA is releasing a public statement on shareholder cooperation and acting in concert under the Takeover Bids Directive (Directive 2004/25/EC). This statement has been prepared following the review and report by the European Commission on the application of the Takeover Bids Directive and is based on information collected about the practices and application of that Directive. The statement has been prepared in order to help shareholders identify activities in relation to which they can cooperate (insofar as those activities are available to them under national company law), without that cooperation, in and of itself, leading to a conclusion that the shareholders are acting in concert and thus being at risk of having to make a mandatory bid under the Takeover Bids Directive. These activities are presented in the statement in the form of a “White List”. The statement has been prepared by the Takeover Bids Network, a permanent working group operating under the auspices of ESMA that promotes exchange of information on practices and application of the Takeover Bids Directive across the European Economic Area, thereby strengthening a common supervisory culture. The Takeover Bids Network is a specialist group composed of the national competent authorities appointed under the Takeover Bids Directive. The competent authorities represented on the ESMA Board of Supervisors are not in all cases appointed as competent authorities within the Takeover Bids Directive. The authorities not represented on the Board of Supervisors but competent within the area of takeovers are the Austrian Takeover Commission, the Irish Takeover Panel, the Oslo Stock Exchange of Norway, the Takeover Panel of Sweden and the Takeover Panel of the United Kingdom. These five authorities have contributed to the public statement and will have regard to it in the same manner as the other members of the Takeover Bids Network when assessing whether shareholders are acting in concert under their national takeover rules.
11/03/2013 2013/280 Vacancy notice- Chair of Committee drafting a proxy advising industry Code of Conduct , Reference PDF
102.91 KB

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