ESMA LIBRARY
The ESMA Library contains all ESMA documents. Please use the search and filter options to find specific documents.
286
REFINE YOUR SEARCH
Sections
- (-) Remove MiFID - Secondary Markets filter MiFID - Secondary Markets
- (-) Remove IAS Regulation filter IAS Regulation
- (-) Remove MiFID - Investor Protection filter MiFID - Investor Protection
- (-) Remove Board of Supervisors filter Board of Supervisors
- (-) Remove Innovation and Products filter Innovation and Products
- (-) Remove Securitisation filter Securitisation
- (-) Remove Supervisory convergence filter Supervisory convergence
- (-) Remove European Single Electronic Format filter European Single Electronic Format
- (-) Remove Trade Repositories filter Trade Repositories
- (-) Remove Warnings and publications for investors filter Warnings and publications for investors
- Corporate Disclosure (178) Apply Corporate Disclosure filter
- CESR Archive (102) Apply CESR Archive filter
- Corporate Information (89) Apply Corporate Information filter
- Post Trading (55) Apply Post Trading filter
- Market Integrity (37) Apply Market Integrity filter
- IFRS Supervisory Convergence (34) Apply IFRS Supervisory Convergence filter
- Short Selling (33) Apply Short Selling filter
- Fund Management (30) Apply Fund Management filter
- Joint Committee (28) Apply Joint Committee filter
- Audit (15) Apply Audit filter
- COVID-19 (14) Apply COVID-19 filter
- Market Abuse (13) Apply Market Abuse filter
- Securities and Markets Stakeholder Group (13) Apply Securities and Markets Stakeholder Group filter
- Credit Rating Agencies (11) Apply Credit Rating Agencies filter
- Sustainable finance (11) Apply Sustainable finance filter
- Prospectus (10) Apply Prospectus filter
- Planning reporting budget (9) Apply Planning reporting budget filter
- Benchmarks (7) Apply Benchmarks filter
- Transparency (7) Apply Transparency filter
- Corporate Finance (6) Apply Corporate Finance filter
- Management Board (5) Apply Management Board filter
- Brexit (4) Apply Brexit filter
- Risk Analysis & Economics - Markets Infrastructure Investors (4) Apply Risk Analysis & Economics - Markets Infrastructure Investors filter
- Securities Financing Transactions (3) Apply Securities Financing Transactions filter
- Trading (3) Apply Trading filter
- CCP Directorate (2) Apply CCP Directorate filter
- Vacancies (2) Apply Vacancies filter
- Corporate Governance (1) Apply Corporate Governance filter
- Guidelines and Technical standards (1) Apply Guidelines and Technical standards filter
- International cooperation (1) Apply International cooperation filter
Type of document
- (-) Remove Opinion filter Opinion
- (-) Remove Letter filter Letter
- (-) Remove Annual Report filter Annual Report
- (-) Remove Vacancy filter Vacancy
- Reference (332) Apply Reference filter
- Press Release (139) Apply Press Release filter
- Guidelines & Recommendations (95) Apply Guidelines & Recommendations filter
- Investor Warning (93) Apply Investor Warning filter
- Summary of Conclusions (87) Apply Summary of Conclusions filter
- Statement (80) Apply Statement filter
- Consultation Paper (75) Apply Consultation Paper filter
- Final Report (74) Apply Final Report filter
- Report (61) Apply Report filter
- Speech (60) Apply Speech filter
- Decision (21) Apply Decision filter
- Q&A (21) Apply Q&A filter
- Compliance table (19) Apply Compliance table filter
- Technical Advice (8) Apply Technical Advice filter
- Technical Standards (8) Apply Technical Standards filter
- SMSG Advice (3) Apply SMSG Advice filter
Your filters
Vacancy X Opinion X Annual Report X Letter X IAS Regulation X Board of Supervisors X European Single Electronic Format X Securitisation X Trade Repositories X Warnings and publications for investors X Innovation and Products X Supervisory convergence X MiFID - Investor Protection X MiFID - Secondary Markets X
Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
---|---|---|---|---|---|---|---|---|---|
20/01/2011 | 2011/16 | Letter to the SEC- Rulemakings on Registration of non-resident Swap Data Repositories | MiFID - Secondary Markets | Letter | PDF 30.66 KB |
||||
20/01/2011 | 2011/4 | Letter to the CFTC- Rulemakings on Registration of foreign Swap Data Repositories and Foreign Boards of Trade | MiFID - Secondary Markets | Letter | PDF 34.38 KB |
||||
27/07/2012 | 2012/476 | Reply of ESMA to the European Commission’s Green Paper on Shadow Banking | MiFID - Investor Protection | Letter | PDF 175.94 KB |
||||
05/11/2013 | 2013/1552 | ESMA Comment Letter to the IASB on the Exposure Draft Insurance Contracts | IAS Regulation | Letter | PDF 167.33 KB |
The European Securities and Markets Authority (ESMA) comments on the IASB’s due process with regards to the Exposure Draft (ED) Insurance Contracts with the aim of improving the transparency and decision-usefulness of financial statements and the enforceability of IFRS. |
|||
05/11/2013 | 2013/1554 | ESMA Comment Letter to IFRS Interpretations Committee on application of IAS 34 | IAS Regulation | Letter | PDF 112 KB |
||||
05/11/2013 | 2013/1555 | ESMA Comment Letter to the IFRS Interpretations Committee on application of IAS 1 | IAS Regulation | Letter | PDF 224.94 KB |
||||
28/01/2014 | 2013/1941 | Letter to Jonathan Faull (EC) regarding draft technical standards | MiFID - Investor Protection, MiFID - Secondary Markets | Letter | PDF 44.25 KB |
||||
18/12/2014 | 2014/1378 | Opinion- Investment-based crowdfunding | Innovation and Products | Opinion | PDF 460.92 KB |
Crowdfunding is a means of raising finance for projects from ‘the crowd’ often by means of an internet-based platform through which project owners ‘pitch’ their idea to potential backers, who are typically not professional investors. It takes many forms, not all of which involve the potential for a financial return. ESMA’s focus is on crowdfunding which involves investment, as distinct from donation, non-monetary reward or loan agreement. Crowdfunding is relatively young and business models are evolving. EU financial services rules were not designed with the industry in mind. Within investment-based crowdfunding a range of different operational structures are used so it is not straightforward to map crowdfunding platforms’ activities to those regulated under EU legislation. Member States and NCAs have been working out how to treat crowdfunding, with some dealing with issues case-by-case, some seeking to clarify how crowdfunding fits into existing rules and others introducing specific requirements.To assist NCAs and market participants, and to promote regulatory and supervisory convergence, ESMA has assessed typical investment-based crowdfunding business models and how they could evolve, risks typically involved for project owners, investors and the platforms themselves and the likely components of an appropriate regulatory regime. ESMA then prepared a detailed analysis of how the typical business models map across to the existing EU legislation, set out in this document. | |||
07/02/2014 | 2014/146 | MiFID practices for firms selling complex products | MiFID - Investor Protection, Warnings and publications for investors | Opinion | PDF 122.37 KB |
||||
27/03/2014 | 2014/332 | Structured Retail Products- Good practices for product governance arrangements | MiFID - Investor Protection, Innovation and Products | Opinion | PDF 203.1 KB |
Legal basis 1. Regulation (EU) No 1095/2010 (ESMA Regulation) sets out the European Securities and Markets Authority’s (ESMA) scope of action, tasks and powers which include “enhancing customer protection”, and “foster[ing] investor protection”. 2. In order to continue delivering on this investor protection statutory objective, ESMA is issuing this opinion on certain aspects linked to the manufacturing and distribution of structured retail products (SRP). This opinion takes into account relevant work done in this field both at European and interna-tional level. 3. This opinion is without prejudice to the requirements for the provision of investment services and activities established in the Markets in Financial Instruments Directive (MiFID) and its implementing measures (notably, Directive 2006/73/EC), the regulatory developments arising from the MiFID review or existing product rules that may apply to SRPs. 4. ESMA’s competence to deliver an opinion is based on Article 29(1) (a) of the ESMA Regulation. In accordance with Article 44(1) of the ESMA Regulation, the Board of Supervisors has adopted this opinion. Background 5. In its July 2013 report on ‘Retailisation in the EU’ , ESMA highlighted that, from a consumer protec-tion perspective, retail investors may face difficulties in understanding the drivers of risks and returns of structured products. If retail investors do not properly understand the risk and reward profile of structured products, and if the products are not properly assessed against the risk appetite of retail investors, retail investors might be exposed to unexpected losses and this might lead to complaints, reputational risks for manufacturers and distributors, and a loss of confidence in the regulatory framework and, more broadly, in financial markets. 6. In 2013, ESMA mapped the measures adopted in the EU Member States in relation to complex products in order to identify issues and to better understand the rationale behind national initiatives (by looking at similarities and differences in the various approaches, and reviewing how complexity has been treated in the different EU Members States). 7. As a result, ESMA has developed a broad set of non-exhaustive examples of good practices, attached as Annex 1 hereto, illustrating arrangements that firms - taking into account the nature, scale and complexity of their business - could put in place to improve their ability to deliver on investor protection regarding, in particular, (i) the complexity of the SRPs they manufacture or distribute, (ii) the nature and range of the investment services and activities undertaken in the course of that business, and (iii) the type of investors they target. These good practices should also be a helpful tool for competent authorities in carrying out their supervisory action. Opinion 8. ESMA considers that sound product governance arrangements are fundamental for investor protec-tion purposes, and can reduce the need for product intervention actions by competent authorities. 9. ESMA considers that, when supervising firms manufacturing or distributing an SRP, competent authorities should promote, in their supervisory approaches, the examples of good practices for firms set out in Annex 1 hereto. 10. Although the good practices set out in Annex 1 hereto focus on structured products sold to retail investors, ESMA considers that they may also be a relevant reference for other types of financial in-struments (such as asset-backed securities, or contingent convertible bonds), as well as when financial instruments are being sold to professional clients. 11. The exposure to risk is an intrinsic feature of investment products. The good practices set out in Annex 1 refer to product governance arrangements and do not (and cannot) aim at removing investment risk from products. | |||
20/11/2015 | 2015-1738 | ESMA letter to IFRSF- Trustees' review of the structure and effectiveness of the IFRSF | IAS Regulation | Letter | PDF 281.58 KB |
||||
05/10/2015 | 2015/1498 | Letter to European Commission re RTS on indirect clearing under EMIR and under MiFIR | MiFID - Secondary Markets, Post Trading | Letter | PDF 92.96 KB |
||||
17/11/2015 | 2015/1513 | Letter SM to EC- implementation timeline MiFID MiFIR | MiFID - Investor Protection | Letter | PDF 85.8 KB |
||||
08/10/2015 | 2015/1516 | ESMA CL to the IASB ED Amedments to IAS 19 and IFRIC 14 | IAS Regulation | Letter | PDF 250.89 KB |
||||
08/10/2015 | 2015/1517 | ESMA CL to EFRAG re IASB ED Amedments to IAS 19 and IFRIC 14 | IAS Regulation | Letter | PDF 251.7 KB |
||||
08/10/2015 | 2015/1518 | ESMA CL to the IASB ED Clarifications to IFRS 15 | IAS Regulation | Letter | PDF 270.22 KB |
||||
08/10/2015 | 2015/1519 | ESMA CL to EFRAG re IASB ED Clarifications to IFRS 15 | IAS Regulation | Letter | PDF 269.51 KB |
||||
08/10/2015 | 2015/1520 | ESMA CL to the IASB ED Effective date of amedments to IFRS 10 and IAS 28 | IAS Regulation | Letter | PDF 148.01 KB |
||||
08/10/2015 | 2015/1521 | ESMA CL to EFRAG re IASB ED Effective date of amedments to IFR... | IAS Regulation | Letter | PDF 149.02 KB |
||||
23/02/2015 | 2015/168 | Letter to EU Institutions re ESMA’s 2015 Work Programme | Corporate Information, Management Board, Board of Supervisors | Letter | PDF 37.31 KB |
Dear Mr Gualtieri, Ms Ribkina and Commissioner Hill, On 30 September 2014 we sent you ESMA’s Work Programme for 2015, which was based on the budget request that had been approved by ESMA’s Board of Supervisors: a budget of €38,639,000 and 147 Establishment Plan posts. The EU budget had not been voted at the time. Following the adoption of the EU budget, ESMA’s 2015 expenditure budget is €33,601,402 (plus an additional €3,100,000 from assigned revenues for tasks delegated from National Competent Authorities) with an Establishment Plan of 137 posts. ESMA’s Board of Supervisors has approved a revised work programme to account for the difference of €5m and 10 Establishment Plan posts; representing a 15% reduction compared to the planned ESMA budget and 7% of its Establishment Plan. ESMA will therefore lack sufficient resources to execute all the tasks that were initially planned for 2015. The Work Programme explains the areas where reprioritisation had to take place, including the risk that ESMA will not fully meet its legal obligations, for instance due to the delay of delivery compared to legally set timetables. A summary of the deprioritised tasks is annexed to the Work Programme and reproduced in the table below. 2014/1200rev ESMA Work Programme |