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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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27/03/2014 | 2014/312 | Technical advice to the European Commission on the information that competent authorities should provide to ESMA pursuant to Article 67(3) of the AIFMD | Fund Management | Technical Advice | PDF 330.79 KB |
Reasons for publication ESMA is issuing this technical advice in response to the mandate received from the European Commission on 20 December 2013 for advice on the possible content of the delegated act required by Article 67(5) of the AIFMD, concerning the information that EU competent authorities have to provide quarterly to ESMA pursuant to Article 67(3) of the Directive. This information is needed in order to allow ESMA to produce the opinion and the advice required in Article 67(1) of the AIFMD, in relation to the possible extension of the AIFMD passport to non-EU AIFs and non-EU AIFMs. Contents Section II describes the background of the proposal. Section III specifies the timing for the provision of the information to ESMA and lists the information that the competent authorities should provide quarterly to ESMA. The list of information is divided into three parts: the first refers to the information about the functioning of the passport for EU AIFMs; the second deals with the functioning of the national private placement regime for non-EU AIFs and non-EU AIFMs; and the third refers to the issues arising from the functioning of both systems. Finally, Section IV reproduces the mandate for advice issued by the European Commission. Next steps ESMA will cooperate closely with the European Commission in order to facilitate an expeditious adoption of the delegated act required by Article 67(5) of the AIFMD. | |||
05/10/2020 | ESMA22-106-2788 | SMSG Summary of Conclusions 9 July 2020 | Corporate Information, Securities and Markets Stakeholder Group | Summary of Conclusions | PDF 158.28 KB |
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21/02/2012 | 2012/113 | Questions and Answers- A Common Definition of European Money Market Funds- updated February 2012 | Fund Management | Q&A | PDF 83.79 KB |
The purpose of this document is to promote common supervisory approaches and practices in the application of the guidelines on a Common Definition of European Money Market Funds developed by CESR by providing responses to questions posed by the general public and competent authorities. The content of this document is aimed at competent authorities to ensure that in their supervisory activities their actions are converging along the lines of the responses adopted by ESMA. However, the answers are also intended to help management companies by providing clarity as to the content of CESR’s guidelines on a Common Definition of European Money Market Funds, rather than creating an extra layer of requirements. | |||
21/11/2016 | 2016/1586 | Questions and Answers on UCITS Directive | Fund Management | Q&A | PDF 454.07 KB |
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19/11/2021 | ESMA33-128-563 | Questions and answers on the Securitisation Regulation | Securitisation | Q&A | PDF 1.39 MB |
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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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23/06/2022 | ESMA70-145-111 | Q&A on the Market Abuse Regulation | Market Abuse, Market Integrity | Q&A | PDF 470.97 KB |
The purpose of this document is to promote common supervisory approaches and practices in the application of MAR and its implementing measures. It does this by providing responses to questions posed by the general public and competent authorities in relation to the practical application of the MAR framework The content of this document is aimed at competent authorities to ensure that in their supervisory activities and their actions are converging along the lines of the responses adopted by ESMA and at helping issuers, investors and other market participants by providing clarity on the content of the market abuse rules, rather than creating an extra layer of requirements. |
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20/05/2022 | ESMA35-42-1088 | Q&A on the European crowdfunding service providers for business Regulation | Crowdfunding | Q&A | PDF 279.38 KB |
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20/07/2022 | ESMA34-43-392 | Q&A on the application of the UCITS Directive | Fund Management | Q&A | PDF 767.22 KB |
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31/05/2016 | 2016/774 | Q&A on the Application of the EuSEF and EuVECA Regulations | Fund Management | Q&A | PDF 212.93 KB |
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20/07/2022 | ESMA34-32-352 | Q&A on the Application of the AIFMD | Fund Management, Supervisory convergence | Q&A | PDF 707.65 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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01/04/2022 | ESMA32-51-370 | Q&A on ESMA Guidelines on Alternative Performance Measures | Corporate Disclosure, Corporate Information | Q&A | PDF 987.02 KB |
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01/04/2016 | 2016/419 | Q&A Market Abuse Directive | Market Abuse | Q&A | PDF 175.08 KB |
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17/12/2021 | JC 2021 19 | Joint Committee Q&As relating to the Securitisation Regulation | Securitisation | Q&A | PDF 337.6 KB |
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13/11/2018 | ESMA33-128-505 | Final Technical Advice Securitisation Repositories Fees | Securitisation | Technical Advice | PDF 570.74 KB |
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16/02/2015 | 2015/227 | Final Report- ESMA’s technical advice to the European Commission on the delegated acts of the Regulations on European Social Entrepreneurship Funds and European Venture Capital Funds | Fund Management | Technical Advice | PDF 609.09 KB |
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16/11/2011 | 2011/379 | Final report- ESMA's technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Managers Directive | Fund Management | Technical Advice | PDF 3.51 MB |
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12/09/2016 | 2016/1140 | Final advice on AIFMD passport | Fund Management | Technical Advice | PDF 621.95 KB |
This version of the advice includes the following clarifications with respect to the assessment of the Isle of Man:
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03/02/2015 | 2015/224 | ESMA’s technical advice on possible delegated acts concerning the Market Abuse Regulation | Market Abuse | Technical Advice | PDF 1021.03 KB |
This advice:• specifies the MAR market manipulation indicators, by providing examples of practices that may constitute market manipulation as well as proposing “additional” indicators of market manipulation; • recommends to set the minimum thresholds that exempt certain market participants in the emission allowance market from publicly disclosing inside information at six million tonnes of CO2eq per year and at 2,430 MW rated thermal input;• suggests the way to determine to which regulator delays in disclosure of inside information needs to be notified. • provides clarifications on the enhanced disclosure of managers’ transactions. - ESMA recommends disclosing any acquisition, disposal, subscription or exchange of financial instruments of the relevant issuer or related financial instruments carried out by managers,, further illustrated through a non-exhaustive list of types of transactions subject to this obligation. . ESMA also clarifies the transactions that can be allowed by the issuer during a closed period when normally managers are prohibited to trade; and• proposes procedures and arrangements to ensure sound whistleblowing infrastructures – i.e. EU national regulators should allow the receipt of reports of infringements, including appropriate communication channels and guarantee the protection of reporting and reported persons, with respect to their identity and their personal data. Next steps ESMA has sent its technical advice to the European Commission for its consideration in drafting its implementing standards regarding MAR. ESMA’s regulatory technical standards regarding MAR will be delivered in July 2015. |