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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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23/06/2015 | JC/DC/2015/01 | Technical Discussion Paper (DP) on the PRIIPs Key Information Document (KID) | Fund Management, Joint Committee | Consultation Paper | PDF 1.16 MB |
EBA, EIOPA, and ESMA (the ESAs) welcome comments on this Technical Discussion Paper on Risk, Performance Scenarios and Cost Disclosures in Key Information Documents for Packaged Retail and Insurance-based Investment Products (PRIIPs). The discussion paper is available on the websites of the three ESAs. Comments on this discussion paper can be sent using the response form, via the ESMA website under the heading ‘Your input/Consultations’ by 17 August 2015. Contributions not received in Word, or sent to an email address, or after the deadline, will not be processed. It is important to note that although you may not be able to respond to each and every question, the ESAs would encourage partial responses from stakeholders on those questions that they believe are most relevant to them. Publication of responses All contributions received will be published following the close of the consultation, unless you request otherwise. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with the ESAs’ rules on public access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by the Board of Appeal of the ESAs and the European Ombudsman. Data protection Information on data protection can be found on the different ESAs’ websites under the heading ‘Legal notice’. | |||
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. | |||
20/12/2013 | 2013/1974 | Revision of the provisions on diversification of collateral in ESMA’s guidelines on ETFs and other UCITS issues | Fund Management | Consultation Paper | PDF 202.22 KB |
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23/06/2015 | JC/DP/2015/01 reply form | Response form to joint Discussion Paper on PRIIPS | Fund Management, Joint Committee | Consultation Paper | DOCX 797.16 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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27/07/2021 | ESMA31-62-1258 | Q&As on the Prospectus Regulation | Prospectus | Q&A | PDF 814.87 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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01/04/2016 | 2016/419 | Q&A Market Abuse Directive | Market Abuse | Q&A | PDF 175.08 KB |
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19/11/2021 | ESMA50-164-4045 | Guidelines on the reporting to Competent Authorities under Article 37 of the MMF Regulation | Fund Management | Compliance table | PDF 145.22 KB |
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23/07/2015 | 2015/1172 | Guidelines on sound remuneration policies under the UCITS Directive and AIFMD | Fund Management | Consultation Paper | PDF 1.09 MB |
Reasons for publication Article 14a(4) of Directive 2009/65/EC (“UCITS Directive”), as amended by Directive 2014/91/EU (“UCITS V Directive”) provides that ESMA shall issue guidelines addressed to competent authorities or financial market participants concerning the application of the remuneration principles set out under Article 14b of the UCITS Directive (“UCITS Remuneration Guidelines”). This consultation paper represents the first step in the development of the guidelines on remuneration policies required by the UCITS V Directive and sets out ESMA’s formal proposals for these guidelines. This consultation paper also proposes a targeted revision of the Guidelines on sound remuneration policies under the AIFMD (ESMA/2013/232) (“AIFMD Remuneration Guidelines”), which were published on 3 July 2013. Contents Section 2 explains the background to this document, while Section 3 explains the working method followed by ESMA while developing the draft guidelines. Sections 4 to 7 provide an overview of the content of the draft guidelines focusing on the main areas of difference between the requirements on remuneration under Directive 2011/61/EU (“AIFMD”) and UCITS V Directive. Annex I provides for a comparison table where the relevant UCITS V provisions on remuneration are marked up against the AIFMD provisions. Annex II sets out the list of questions contained in this paper. Annex III includes the draft cost-benefit analysis for the guidelines, while Annex IV sets out the text of the draft UCITS Remuneration guidelines and Annex V sets out the proposed amendment to the AIFMD Remuneration Guidelines. Next Steps ESMA will consider the feedback it receives to this consultation with a view to finalising the UCITS Remuneration Guidelines and publishing a final report by early Q1 2016, ahead of the transposition deadline for the UCITS V Directive (i.e. 18 March 2016). The final report is expected to also include the revision of the AIFMD Remuneration Guidelines which is proposed in the present paper. The consultation period will run until 23 October 2015. | |||
19/12/2012 | 2012/845 | Guidelines on key concepts of the AIFMD | Fund Management | Consultation Paper | PDF 698.69 KB |
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19/07/2013 | 2013/1013 | Guidelines on enforcement of financial information | Corporate Disclosure, IFRS Supervisory Convergence | Consultation Paper | PDF 540.55 KB |
Responding to this paper The European Securities and Markets Authority (ESMA) is seeking comments on all matters covered in this paper and in particular on the specific questions summarised in Annex 1. Comments are most helpful if they: respond to the question stated; indicate the specific question to which the comment relates; contain a clear rationale; and describe any alternatives ESMA should consider. Deadline ESMA will consider all comments received by 15 October 2013. All contributions should be submitted online at www.esma.europa.eu under the heading “Your input - Consultations” Publication of responses All contributions received will be published following the close of the consultation, unless you request otherwise. Please clearly and prominently indicate in your submission any part you do not wish to be publicly disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman. Data protection Information on data protection can be found at www.esma.europa.eu under the heading “Legal Notice”. Who should read this paper All interested parties are invited to respond to this consultation paper. It will primarily be of interest to those charged with the governance of issuers preparing financial information, users of financial information, auditors, and other parties who have a particular interest in financial reporting. |
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01/12/2014 | 2014/1326 | Guidelines on asset segregation under the AIFMD | Fund Management | Consultation Paper | PDF 428.53 KB |
Who should read this paper This document will be of interest to (i) depositaries of alternative investment funds and their delegates (including prime brokers and collateral managers) and their trade associations, (ii) alternative investment funds managers and their trade associations, as well as (iii) institutional and retail investors investing into such funds and their associations. Responding to this paper ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex 1. Comments are most helpful if they:1. respond to the question stated;2. indicate the specific question to which the comment relates;3. contain a clear rationale; and4. describe any alternatives ESMA should consider. ESMA will consider all comments received by 30 January 2015. All contributions should be submitted using the reply form, and uploaded on www.esma.europa.eu under the heading ‘Your input -Consultations’. Publication of responses All contributions received will be published following the close of the consultation, unless you request otherwise. Please clearly and prominently indicate in your submission any part you do not wish to be publically disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman. Data protection Information on data protection can be found at www.esma.europa.eu under the heading Legal Notice. | |||
13/11/2020 | ESMA34-32-699 | Guidelines compliance table- Guidelines on model MoU concerning consultation, cooperation and the exchange of information related to the supervision of AIFMD entities (ESMA/2013/998) | Fund Management, Guidelines and Technical standards | Compliance table | PDF 108.66 KB |