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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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16/12/2016 | 2016/1669 | 2016-1669 Q&A on AIFMD | Fund Management | Q&A | PDF 436.68 KB |
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21/12/2016 | 2016/1682 | 2016-1682 Press Release on Feedback Statement on ESEF | Corporate Disclosure, European Single Electronic Format, Press Releases, Transparency | Press Release | PDF 225.03 KB |
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26/09/2017 | ESMA71-99-599 | EBA and ESMA provide guidance to assess the suitability of management body members and key function holders | Guidelines and Technical standards, Joint Committee, MiFID - Investor Protection, Press Releases | Press Release | PDF 243.97 KB |
The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have published their joint Guidelines to assess the suitability of members of management bodies and key function holders. |
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26/07/2021 | SFDR EC Q&A | EC Q&A on sustainability-related disclosures | Joint Committee, Sustainable finance | Q&A | PDF 601.99 KB |
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30/11/2021 | SFDR EC Q&A CORRECTION | EC Q&A on sustainability-related disclosures- correction | Joint Committee, Sustainable finance | Q&A | PDF 87.19 KB |
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23/04/2020 | JC 2020 41 | ESAs consult on Environmental, Social and Governance disclosure rules | Joint Committee, Sustainable finance | Press Release | PDF 131.43 KB |
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11/11/2015 | JC/2015/078 | ESAs consult on PRIIPs key information for retail investors | Fund Management, Joint Committee, Press Releases | Press Release | PDF 120.45 KB |
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05/04/2022 | ESMA71-99-1924 | ESG funds provided better returns for investors in 2020 | Fund Management | Press Release | PDF 106.93 KB |
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30/07/2015 | 2015/1238 | ESMA advises on extension of AIFMD passport to non-EU jurisdictions | Fund Management, Press Releases | Press Release | PDF 147.48 KB |
The European Securities and Markets Authority (ESMA) has published its Advice in relation to the application of the AIFMD (Alternative Investment Fund Managers Directive) passport to non-EU Alternative Investment Fund Managers (AIFMs) and Alternative Investment Funds (AIFs) and its Opinion on the functioning of the passport for EU AIFMs and the national private placement regimes (NPPRs). The Advice and Opinion, required under AIFMD, will now be considered by the European Commission, Parliament and Council. ESMA Advice – Extension of AIFMD Passport to non-EU AIFMs and AIFs The Advice relates to the possible extension of the passport, currently only available to EU entities, to non-EU AIFMs and AIFs which are currently subject to EU NPPRs. ESMA conducted a country-by-country assessment, as this allowed it flexibility to take into account the different circumstances of each non-EU jurisdiction regarding the regulatory issues to be considered i.e. investor protection, competition, potential market disruption and the monitoring of systemic risk. ESMA assessed six jurisdictions – Guernsey, Hong Kong, Jersey, Singapore, Switzerland and the United States of America (USA) – who were selected based on a number of factors including the amount of activity already being carried out by entities from these countries under the NPPRs, EU national authorities’ knowledge and experience of dealing with their counterparts and the efforts by stakeholders from these countries to engage with ESMA’s process. The Advice concludes that no obstacles exist to the extension of the passport to Guernsey and Jersey, while Switzerland will remove any remaining obstacles with the enactment of pending legislation. No definitive view has been reached on the other three jurisdictions due to concerns related to competition, regulatory issues and a lack of sufficient evidence to properly assess the relevant criteria. Next Steps The Advice and Opinion have been sent to the Commission, Parliament and Council for their consideration on whether to activate the relevant provision in the AIFMD extending the passport through a Delegated Act. However, the institutions may wish to consider waiting until ESMA has delivered positive advice on a sufficient number of non-EU countries, before introducing the passport in order to avoid any adverse market impact that a decision to extend the passport to only a few non-EU countries might have. ESMA aims to finalise the assessments of Hong Kong, Singapore and the USA as soon as practicable and to assess further groups of non-EU countries until it has provided advice on all the non-EU countries that it considers should be included in the extension of the passport. ESMA Opinion – Functioning of the EU AIFMD passport and NPPRs The opinion on the functioning of the EU passport and the NPPRs contains ESMA’s preliminary assessment of the operation of these two mechanisms. Its preliminary view is that, given the short time period that has elapsed since the implementation of the AIFMD in Member States, a definitive assessment of their functioning is difficult and would recommend preparing a further opinion after a longer period. | |||
19/07/2016 | 2016/1138 | ESMA advises on extension of funds passport to 12 non-EU countries | Fund Management | Press Release | PDF 148.97 KB |
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01/02/2019 | ESMA71-99-1096 | ESMA and EU securities regulators MoUs with FCA | Board of Supervisors, Brexit, Credit Rating Agencies, Fund Management, Press Releases, Trade Repositories | Press Release | PDF 80.5 KB |
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24/03/2021 | ESMA71-99-1604 | ESMA assesses the compliance with UCITS liquidity rules and highlights areas for vigilance | Fund Management, Press Releases | Press Release | PDF 128.29 KB |
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01/10/2013 | 2013/1368 | ESMA clarifies reporting requirements for alternative fund managers | Fund Management, Press Releases | Press Release | PDF 81.3 KB |
Questions regarding technical support should be sent to info.it.aifmd[at]esma.europa.eu. | |||
19/12/2012 | 2012/848 | ESMA clarifies rules for alternative investment funds and their managers | Fund Management, Press Releases | Press Release | PDF 110.38 KB |
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30/09/2016 | 2016/1411 | ESMA consults on future reporting rules for securities financing transactions | Post Trading, Press Releases, Securities Financing Transactions | Press Release | PDF 148.11 KB |
The European Securities and Markets Authority (ESMA) has issued today a consultation paper on draft technical standards implementing the Securities Financing Transaction Regulation (SFTR), which aims to increase the transparency of shadow banking activities. Securities financing transactions (SFTs) are transactions where securities are used to borrow cash (or other higher investment-grade securities), or vice versa – this includes repurchase transactions, securities lending and sell/buy-back transactions. |
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27/03/2020 | ESMA34-39-967 | ESMA consults on guidance to address leverage risk in the AIF sector | Fund Management | Press Release | PDF 83.19 KB |
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21/03/2014 | 2014/302 | ESMA consults on major shareholders disclosures | Corporate Disclosure, Transparency | Press Release | PDF 93.61 KB |
ESMA consults on major shareholders disclosures The European Securities and Markets Authority (ESMA) has launched a consultation on draft Regulatory Technical Standards (RTS) under the revised Transparency Directive relating to the notification of major shareholdings and the indicative list of financial instruments subject to notification requirements. The consultation runs until 30 May 2014. The revised Directive harmonises transparency requirements relating to information about issuers whose securities are admitted to trading on an EU regulated market. This harmonisation aims to enhance transparency in respect of the ownership structure of an issuer, to improve legal certainty and reduce the administrative burden for cross-border investors. The revised Transparency Directive also addresses the issue of the disclosure regime for new types of financial instruments that expose investors to an economic risk similar to when holding shares. The draft RTS support these objectives by facilitating the creation of a harmonised regime regarding the aggregation of holdings of shares and financial instruments, the calculation of notification thresholds and the exemptions from notification requirements. Steven Maijoor, ESMA Chair, said: “Transparency is essential for ensuring that markets function properly and investors are afforded adequate protection when making investment decisions. “Today’s proposals support the aims of the Transparency Directive to improve the effectiveness of the transparency regime on corporate ownership. Clarity on this issue will ensure that shareholders and potential investors are in possession of the information needed to make informed investment decisions.” Draft Regulatory Technical Standards The draft RTS on the major shareholding notifications addresses the following issues: • Method of calculation of 5% threshold exemption regarding trading books and market makers; • Calculation method regarding a basket of shares or an index; • Methods for determining the ‘delta’ for calculating voting rights; and • Exemptions regarding notification of financial instruments. The Consultation Paper also sets out the proposed content of an indicative list of financial instruments which should be subject to the notification requirements laid down in the Directive, and outlines the processes for updating that list. The input from stakeholders will help ESMA in drafting the final report and determining the content of the draft RTS. Comments to this consultation can be submitted via ESMA’s website and the deadline for submission is 30 May 2014. | |||
24/05/2017 | ESMA71-99-468 | ESMA consults on Money Market Funds rules | Fund Management, Press Releases | Press Release | PDF 144.79 KB |
The European Securities and Markets Authority (ESMA) has published a Consultation Paper (CP) on the Money Market Funds Regulation (MMFR). The CP contains proposals on draft technical advice (TA), draft implementing technical standards (ITS), and guidelines under the MMFR. The key proposals relate to asset liquidity and credit quality, the establishment of a reporting template and stress test scenarios. |
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26/03/2021 | ESMA71-99-1603 | ESMA consults on the framework for EU Money Market Funds | Fund Management | Press Release | PDF 105.85 KB |
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23/07/2015 | 2015/1193 | ESMA consults on UCITS remuneration guidelines | Fund Management, Press Releases | Press Release | PDF 111.21 KB |
The European Securities and Markets Authority (ESMA) has launched a consultation on proposed Guidelines on sound remuneration policies under the UCITS V Directive and AIFMD. The Directive includes rules that UCITS must comply with when establishing and applying a remuneration policy for certain staff categories and the proposed UCITS Remuneration Guidelines further clarify the Directive’s provisions. The proposed Guidelines aim to ensure a convergent application of the remuneration provisions and will provide guidance on issues such as proportionality, governance of remuneration, requirements on risk alignment and disclosure. The final Guidelines will apply to UCITS management companies and national competent authorities. |