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| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 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. | |||
| 01/07/2015 | 2015/1005 | Questions and Answers: Investment-based crowdfunding: money laundering/terrorist financing | Innovation and Products | Q&A | PDF 157.73 KB |
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| 28/01/2016 | 2016/102 | Statement by Steven Maijoor on behalf of the ESAs | Joint Committee, Speeches | Statement | PDF 107.74 KB |
Statement at the ECON scrutiny hearing on behalf of the ESAs. |
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| 18/02/2016 | 2015/SMSG/036 | SMSG Advice on ESEF | European Single Electronic Format, Securities and Markets Stakeholder Group | SMSG Advice | PDF 109.63 KB |
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| 19/12/2016 | 2016/JCESA QA | Questions and Answers on Big Data | Joint Committee | Q&A | PDF 333.65 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 | ESMA22-106-140 | SMSG advice on the Joint ESMA EBA guidelines on the Assessment of the Suitability | Joint Committee, Securities and Markets Stakeholder Group | SMSG Advice | PDF 150.61 KB |
SMSG advice on the Joint ESMA EBA guidelines on the Assessment of the Suitability of Members of the Management Body and Key Function Holders |
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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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| 21/03/2017 | JC1 | Statement- ESAs welcome European Commission’s public consultation on their operation | Joint Committee | Statement | PDF 206.55 KB |
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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 |
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| 27/04/2018 | ESMA22-103-753 | Multilateral MoU on cooperation, information exchange and consultation | International cooperation, Joint Committee | Statement | PDF 731.24 KB |
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| 23/05/2018 | ESMA71-99-979 | ESMA appoints new chair to its Committee of Economic and Markets’ Analysis | Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors | Statement | PDF 209.05 KB |
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| 07/11/2018 | ESMA71-99-1058 | ESMA new SC chairs | Fund Management, MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors | Statement | PDF 142.32 KB |
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| 24/10/2019 | JC-2019-64 | Joint ESA Supervisory Statement – application of scope of the PRIIPs Regulation to bonds | Fund Management, Joint Committee | Statement | PDF 802.39 KB |
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| 05/12/2019 | JC 2019 19 | The introduction of fallbacks in OTC derivative contracts and the requirement to exchange collateral | Joint Committee, Post Trading | Statement | PDF 80.41 KB |
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| 21/01/2020 | ESMA22-106-2077 | SMSG Advice on Joint Consultation Paper on PRIIPs KID | Joint Committee, Securities and Markets Stakeholder Group | SMSG Advice | PDF 426.62 KB |