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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
05/09/2019 ESMA71-99-1205 ESMA publishes stress simulation framework for investment funds , , Press Release PDF
119.98 KB
19/07/2019 ESMA71-99-1204 MMF stress testing and reporting guidelines release Press Release PDF
98.28 KB
13/05/2019 ESMA34-45-704 Keynote speech Evert van Walsum Swedish Fund Association's Annual Conference Speech PDF
158.15 KB
03/04/2019 ESMA71-319-93 Steven Maijoor Keynote speech- BETTER FINANCE 10th Anniversary 2019 , , , Speech PDF
165.49 KB
06/03/2019 ESMA35-43-1740 Keynote by ESMA Chair Maijoor at ALFI Asset Management Conference , Speech PDF
265.45 KB
13/02/2019 ESMA71-319-91 Brexit – the regulatory challenges , , , , , Speech PDF
175.3 KB

Steven Maijoor keynote at the European Financial Forum in Dublin

12/02/2019 ESMA34-45-634 Keynote Address by Verena Ross- 7th Annual Cross-Border Distribution Conference Speech PDF
123.87 KB

Keynote address delivered at the 7th Cross-Border Distribution Conference in Luxembourg.

05/02/2019 ESMA71-99-1106 Press release- ESMA consults on liquidity stress test guidance for investment funds Press Release PDF
82.55 KB
01/02/2019 ESMA71-99-1096 ESMA and EU securities regulators MoUs with FCA , , , , , Press Release PDF
80.5 KB
19/12/2018 ESMA71-99-1085 Press release- ESMA consults on measures to promote sustainability in EU capital markets , , Press Release PDF
125.69 KB
28/09/2018 ESMA71-99-1043 Press release- ESMA consults on stress testing rules for money market funds Press Release PDF
220.32 KB
21/03/2018 ESMA71-99-964 CMU, Brexit and ESA review – What’s next? Steven Maijoor BVI Keynote , , Speech PDF
329.97 KB
24/05/2017 ESMA71-99-468 ESMA consults on Money Market Funds rules , 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.

30/01/2017 ESMA71-844457584-331 Opinion on UCITS Share Classes Press Release PDF
149.99 KB
16/11/2016 2016-1579 ESMA Chair speaks on improving outcomes for investors in investment funds , Speech PDF
196.07 KB
11/10/2016 2016-1459 ECON Hearing AIFMD passport Steven Maijoor Opening Statement Speech DOCX
330.05 KB
19/07/2016 2016/1138 ESMA advises on extension of funds passport to 12 non-EU countries Press Release PDF
148.97 KB
26/05/2016 2016/735 Speech for the AIMA Global Policy and Regulatory Forum – Verena Ross, 18 May 2016, London , Speech PDF
180.75 KB
07/04/2016 JC/2016/21 PR Joint Press Release draft RTS on PRIIPs , , Press Release PDF
207.66 KB
31/03/2016 2016/472 ESMA publishes UCITS remuneration guidelines , Press Release PDF
113.03 KB

The European Securities and Markets Authority (ESMA) has published its final Guidelines on sound remuneration policies under the UCITS Directive and AIFMD. ESMA has also written to the European Commission, European Council and European Parliament on the proportionality principle and remuneration rules in the financial sector.

UCITS Remuneration Guidelines

The UCITS Remuneration Guidelines provide clarity on the requirements under the UCITS Directive for management companies when establishing and applying a remuneration policy for key staff. The Guidelines will ensure a convergent application of these provisions and provide guidance on the governance of remuneration, requirements on risk alignment and disclosure. The Guidelines will apply to UCITS management companies and national competent authorities from 1 January 2017.

Proportionality Issue

ESMA, while finalising its UCITS Remuneration Guidelines, had to balance the alignment with the AIFMD Remuneration Guidelines and the obligation to closely cooperate with the European Banking Authority (EBA) in order to ensure consistency with requirements developed for other financial services sectors, in particular credit institutions and investment firms.

The UCITS Directive prescribes that proportionality shall apply to the full set of remuneration principles set out under this Directive. However, the Guidelines do not include guidance on the possibility of dis-applying certain specific requirements on the pay-out process. This follows recent work and legal analysis, including the EBA’s Guidelines under CRD IV, which have called into question the existing understanding that the proportionality provisions as set out under the UCITS Directive and AIFMD may lead to a result:

  1. where – under specific circumstances – the requirements on the pay-out process i.e. the requirements on variable remuneration in instruments, retention, deferral and ex post incorporation of risk for variable remuneration are not applied; or
  2. where it is possible to apply lower thresholds whenever minimum quantitative thresholds are set for the pay-out requirements e.g. the requirement to defer at least 40% of variable remuneration.

ESMA considers that these scenarios should remain possible in certain situations and, in its letter to the European institutions, suggests that further legal clarity on this possibility could be beneficial to all the interested parties. Legislative changes in the relevant asset management legislation could be one way to further clarify the applicable regulatory framework.

ESMA believes that it would be inappropriate for the following fund managers to be subject in all circumstances to the requirements on the pay-out process:

  1. smaller fund managers (in terms of balance sheet or size of assets under management);

 

  1. fund managers with simpler internal organisation or nature of activities; or

 

  1. fund managers whose scope and complexity of activities is more limited.

 

ESMA also considers that it would be disproportionate to apply the requirements to relatively small amounts of variable remuneration and to apply certain requirements to certain staff when this would not result in an effective alignment of interests between the staff and the investors in the funds.

AIFMD Remuneration Guidelines

The amended AIFMD guidelines will come into force on 1 January 2017. The amendment to the AIFMD guidelines relates to the section of these guidelines dealing with the application of the remuneration rules in a group context and is intended to acknowledge the potential outreach of the CRD rules in a banking group.

The current AIFMD Guidelines will not be amended to bring them into line with the UCITS Guidelines pending clarification on the application of the proportionality principle.

Next Steps

The Guidelines in Annexes III and IV will be translated into the official languages of the European Union and the final texts published on the ESMA website. The deadline for compliance notifications will be two months after the publication of the translations.