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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
|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.|
|29/10/2015||2015/1615||Steven Maijoor speech at ECN||Innovation and Products, Speeches||Speech||PDF
|07/01/2016||2015/1912||Opening Speech by J Servais, President of FSMA||Innovation and Products||Speech||PDF
|07/01/2016||2015/1915||Closing Speech by V Ross, ESMA FI Day||Innovation and Products||Speech||PDF
|22/04/2015||2015/532||Investment using virtual currency or distributed ledger technology||Innovation and Products||Consultation Paper||PDF
|ESMA has been monitoring and analysing virtual currency investment over the last 6 months, to understand developments in the market, potential benefits or risks for investors, market integrity or financial stability, and to support the functioning of the EU single market. ESMA’s analysis is set out in this paper. ESMA is seeking to share its analysis in order to promote wider understanding of innovative market developments, and invites market participants and other stakeholders to submit feedback and any additional information on the following topics: Virtual currency investment products, i.e. collective investment schemes or derivatives such as options and CFDs that have virtual currencies (VCs) as an underlying or invest in VC related businesses and infrastructure; Virtual currency based assets/securities and asset transfers, i.e. financial assets such as shares, funds, etc. that are exclusively traded using virtual currency distributed ledgers (also known as block chains);and The application of the distributed ledger technology to securities/investments, whether inside or outside a virtual currency environment.|
|30/09/2016||2016/1420||Financial Technology: The Regulatory Tipping Points||Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors||Speech||PDF
|24/11/2016||2016/1613||Regulation and DLT: Working to Strike the Right Balance||Innovation and Products, Speeches||Speech||PDF
|07/03/2016||2016/345||Financial Innovation towards a balanced regulatory response- Speech by V. Ross||Innovation and Products, Speeches||Speech||PDF
|02/06/2016||2016/773||Discussion Paper on the Distributed Ledger Technology Applied to Securities Markets||Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors||Consultation Paper||PDF
|28/06/2017||ESMA35-36-885||Product Intervention- General Statement||Innovation and Products, MiFID - Investor Protection||Statement||PDF
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 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.
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.
 ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016
|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
|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
|07/03/2017||ESMA50-1623096732-432||Opening remarks Financial Innovation Day||Innovation and Products||Statement||PDF
|07/03/2017||ESMA50-1623096732-432x||Closing remarks Financial Innovation Day||Innovation and Products||Statement||PDF
|03/03/2020||ESMA50-164-3187||Innovation on a Grand Scale- speech by Steven Maijoor, Afore Consulting 4th Annual FinTech and Regulation Conference,Brussels||Innovation and Products, Speeches||Speech||PDF
|19/07/2017||ESMA50-164-820||Regulatory Technology: Reshaping the Supervisor-Market Participant Relationship||Innovation and Products, Speeches||Speech||PDF
|27/02/2018||ESMA71-319-70||Afore Consulting’s Second Annual FinTech and Digitalisation Conference: Regulation at the European Level and Beyond – Stanhope Hotel Brussels||Innovation and Products, Speeches||Speech||PDF
|23/01/2017||ESMA71-844457584-330||Speech by Patrick Armstrong- FinTech, Oslo Børs ASA Conference, 18 January 2017||Innovation and Products, Speeches||Speech||PDF
|19/09/2018||ESMA71-99-1036||Steven Maijoor Keynote New technologies within and beyond capital markets||Innovation and Products, Speeches||Speech||PDF
|12/10/2018||ESMA71-99-1051||Financial Technology: ESMA’s Approach- Speech at the 4th Luxembourg FinTech Conference||Innovation and Products||Speech||PDF