ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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30/01/2019 | ESMA22-105-661 | Agenda for open hearing on sustainable finance | Sustainable finance | Reference | PDF 129.15 KB |
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12/10/2020 | ESMA22-105-1230 | Annex to Opening Statement for ECON Hearing 12 October 2020 | Board of Supervisors, Brexit, Corporate Information, COVID-19, Speeches | Reference | PDF 350.51 KB |
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14/09/2011 | 2011/288 | Call for evidence- Empty voting | Corporate Disclosure, Corporate Governance, Transparency | Consultation Paper | PDF 81.13 KB |
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05/11/2020 | ESMA30-379-325 | Consultation Paper- Draft advice to EC under Article 8 of the Taxonomy Regulation | Sustainable finance | Consultation Paper | PDF 1.79 MB |
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12/11/2013 | 2013/1643 | Cover Note- Public statement containing information on shareholder cooperation and acting in concert under the Takeover Bids Directive (ESMA/2013/1642) | Corporate Disclosure, Corporate Governance | Reference | PDF 145.01 KB |
In accordance with its mandate to take appropriate action in the context of takeover bids as per Article 1.3 of Regulation (EU) 1095/2010 (ESMA Regulation), ESMA is releasing a public statement on shareholder cooperation and acting in concert under the Takeover Bids Directive (Directive 2004/25/EC). This statement has been prepared following the review and report by the European Commission on the application of the Takeover Bids Directive and is based on information collected about the practices and application of that Directive. The statement has been prepared in order to help shareholders identify activities in relation to which they can cooperate (insofar as those activities are available to them under national company law), without that cooperation, in and of itself, leading to a conclusion that the shareholders are acting in concert and thus being at risk of having to make a mandatory bid under the Takeover Bids Directive. These activities are presented in the statement in the form of a “White List”. The statement has been prepared by the Takeover Bids Network, a permanent working group operating under the auspices of ESMA that promotes exchange of information on practices and application of the Takeover Bids Directive across the European Economic Area, thereby strengthening a common supervisory culture. The Takeover Bids Network is a specialist group composed of the national competent authorities appointed under the Takeover Bids Directive. The competent authorities represented on the ESMA Board of Supervisors are not in all cases appointed as competent authorities within the Takeover Bids Directive. The authorities not represented on the Board of Supervisors but competent within the area of takeovers are the Austrian Takeover Commission, the Irish Takeover Panel, the Oslo Stock Exchange of Norway, the Takeover Panel of Sweden and the Takeover Panel of the United Kingdom. These five authorities have contributed to the public statement and will have regard to it in the same manner as the other members of the Takeover Bids Network when assessing whether shareholders are acting in concert under their national takeover rules. | |||
24/09/2020 | ESMA74-362-773 | CP on MiFID II MiFIR review report | Benchmarks, MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC, Post Trading | Consultation Paper | PDF 688.1 KB |
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22/03/2012 | 2012/212 | Discussion Paper- An Overview of the Proxy Advisory Industry. Considerations on Possible Policy Options | Corporate Disclosure, Corporate Governance | Consultation Paper | PDF 524.85 KB |
This Discussion Paper focuses on the development of the proxy advisory industry in Europe, which mainly serves institutional investors such as asset managers, mutual funds and pension funds. Following its fact-finding work in 2011, ESMA recognises the proxy advisory industry within Europe is, or is expected to be, growing in prominence and investors are, or are expected to be, increasingly using proxy advisor services. In this paper ESMA identifies several key issues related to the proxy advisory market which may have an impact on the proper functioning of the voting process. The range of policy options that ESMA will consider, and on which it seeks further input from market participants, consists of four broad areas, including: 1. No EU-level action at this stage 2. Encouraging Member States and/or industry to develop standards 3. Quasi-binding EU-level regulatory instruments 4. Binding EU-level legislative instruments ESMA will consider these options based on the feedback it receives from market participants, and, if appropriate, will undertake further policy action, either directly or by providing an opinion to the European Commission. The reason to bring up some policy options is due to the fact that proxy advisors are currently not regulated at a pan-European level. Nevertheless, there are relevant European rules that apply to investors (e.g. for UCITS management companies when exercising voting rights). In addition, there are also well-recognised corporate governance standards that apply to issuers at a national level (based on the “comply or explain approach”) and some complements to improve standards of stewardship among investors. All feedback received from this Discussion Paper will be duly considered. ESMA expects to publish a feedback statement in Q4 of 2012 which will summarise the responses received and will state ESMA’s view on whether there is a need for policy action in this area. | |||
06/12/2017 | ESMA71-99-669 | ESMA MIFID and MAR Data Systems | Market Abuse, Market Integrity, MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC | Reference | PDF 208.06 KB |
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04/01/2021 | ESMA-UKFCA MoU | ESMA-UK FCA MoU on consultation, cooperation and exchange of information | Brexit, International cooperation | Reference | PDF 195.27 KB |
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04/01/2021 | EU-UKFCA MoU | EU-UK FCA MoU on consultation, cooperation and exchange of information | Brexit, International cooperation | Reference | PDF 219.12 KB |
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24/06/2019 | esma30-22-620 | Explanatory_note_on_the_survey_on_short_termism | Sustainable finance | Reference | PDF 195.6 KB |
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22/12/2017 | ESMA50-164-677 | FAQs on MiFID II- Transitional Transparency Calculations | MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC | Reference | PDF 303.58 KB |
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08/06/2015 | 2015/920 | Impact of the Best Practice Principles for Providers of Shareholder Voting Research and Analysis | Corporate Disclosure, Corporate Governance | Consultation Paper | PDF 337.08 KB |
Responding to this Call for Evidence ESMA invites comments on all matters in this paper and in particular on the specific questions presented throughout the paper. Comments are most helpful, if they:a. respond to the question stated;b. indicate the specific question to which they relate; andc. contain a clear rationale. ESMA will consider all comments received by 27 July 2015. 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 Call for Evidence, 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.Who should read this Call for Evidence This Call for Evidence will be of relevance to persons and entities participating in the voting chain, particularly proxy advisors, investors, companies listed in Europe, proxy solicitors and consultants. | |||
23/04/2020 | JC 2020 16 | Joint ESA consultation on ESG disclosures | Joint Committee, Sustainable finance | Consultation Paper | PDF 911.13 KB |
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04/05/2020 | JC 2020 16 Annex 1 | Joint ESA consultation on ESG disclosures- Annex 1 | Sustainable finance | Reference | DOCX 131.67 KB |
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23/04/2020 | ESMA34-45-904 | Joint ESA consultation on ESG disclosures- response form | Joint Committee, Sustainable finance | Reference | DOCX 573.19 KB |
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11/02/2019 | ESMA35-43-1493 | MiFID II supervisory briefing on the use of third-country branches by EU firms | Brexit, MiFID - Investor Protection, Supervisory convergence | Reference | PDF 469.29 KB |
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30/06/2020 | SG34-45-937 | Public hearing on ESG disclosures CP 2 July 2020- Agenda | Joint Committee, Sustainable finance | Reference | PDF 122.98 KB |
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02/07/2020 | SG34-45-937 slides | Public hearing on ESG disclosures CP 2 July 2020- Slides | Joint Committee, Sustainable finance | Reference | PDF 297.72 KB |
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05/11/2020 | ESMA30-379-325 | Response form- CP on TR Article 8 advice | Sustainable finance | Reference | DOCX 775.77 KB |