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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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25/11/2011 | 2011/397 | Public statement on sovereign debt in IFRS financial statements | Corporate Disclosure, Corporate Governance, IFRS Supervisory Convergence, Press Releases | Statement | PDF 189.46 KB |
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19/02/2013 | 2013/84 | Feedback statement on the consultation regarding the role of the proxy advisory industry | Corporate Disclosure, Corporate Governance | Statement | PDF 559.31 KB |
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12/11/2013 | 2013/1642 | Information on shareholder cooperation and acting in concert under the Takeover Bids Directive | Corporate Disclosure, Corporate Governance | Statement | PDF 321.63 KB |
The European Securities and Markets Authority (ESMA) has published a statement on practices governed by the Takeover Bid Directive (TBD), focused on shareholder cooperation issues relating to acting in concert and the appointment of board members. The statement contains a White List of activities that shareholders can cooperate on without the presumption of acting in concert. It also contains information on how shareholders may cooperate in order to secure board member appointments by setting out factors that national authorities may take into account when considering whether shareholders are acting in concert. The statement is in response to a request by the European Commission for clarity on these issues, following its 2012 report on the application of the TBD. It is based on information collected about the TBD’s application and common practices across the European Economic Area (EEA). The statement was prepared by the Takeover Bids Network, a permanent working group, under ESMA’s auspices, that promotes the exchange of information on practices and application of the TBD across EEA. | |||
03/02/2015 | 2015/224 | ESMA’s technical advice on possible delegated acts concerning the Market Abuse Regulation | Market Abuse | Technical Advice | PDF 1021.03 KB |
This advice:• specifies the MAR market manipulation indicators, by providing examples of practices that may constitute market manipulation as well as proposing “additional” indicators of market manipulation; • recommends to set the minimum thresholds that exempt certain market participants in the emission allowance market from publicly disclosing inside information at six million tonnes of CO2eq per year and at 2,430 MW rated thermal input;• suggests the way to determine to which regulator delays in disclosure of inside information needs to be notified. • provides clarifications on the enhanced disclosure of managers’ transactions. - ESMA recommends disclosing any acquisition, disposal, subscription or exchange of financial instruments of the relevant issuer or related financial instruments carried out by managers,, further illustrated through a non-exhaustive list of types of transactions subject to this obligation. . ESMA also clarifies the transactions that can be allowed by the issuer during a closed period when normally managers are prohibited to trade; and• proposes procedures and arrangements to ensure sound whistleblowing infrastructures – i.e. EU national regulators should allow the receipt of reports of infringements, including appropriate communication channels and guarantee the protection of reporting and reported persons, with respect to their identity and their personal data. Next steps ESMA has sent its technical advice to the European Commission for its consideration in drafting its implementing standards regarding MAR. ESMA’s regulatory technical standards regarding MAR will be delivered in July 2015. | |||
28/01/2016 | 2016/102 | Statement by Steven Maijoor on behalf of the ESAs | Joint Committee, Speeches | Statement | PDF 107.74 KB |
Statement at the ECON scrutiny hearing on behalf of the ESAs. |
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25/05/2016 | 2016/724 | Requirements for reference data submission under Article 4 MAR | Market Abuse, Market Integrity | Statement | PDF 88.1 KB |
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07/03/2017 | ESMA22-106-141 | Joint Statement of the SMSG and the BSG on the Draft Guidelines on the Assessment of the Suitability | Joint Committee, Securities and Markets Stakeholder Group | Statement | PDF 91.5 KB |
Joint Statement of the SMSG and the BSG on the Draft Guidelines on the Assessment of the Suitability of Members of the Management Body and Key Function Holders |
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21/03/2017 | JC1 | Statement- ESAs welcome European Commission’s public consultation on their operation | Joint Committee | Statement | PDF 206.55 KB |
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27/04/2018 | ESMA22-103-753 | Multilateral MoU on cooperation, information exchange and consultation | International cooperation, Joint Committee | Statement | PDF 731.24 KB |
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10/04/2019 | JC 2019 25 | Joint ESA advice on the costs and benefits of developing a coherent cyber resilience testing framework for significant market participants and infrastructures | Innovation and Products, Joint Committee | Technical Advice | PDF 785.49 KB |
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10/04/2019 | JC 2019 26 | Joint ESA advice on the need for legislative improvements relating to ICT risk management requirements | Innovation and Products, Joint Committee | Technical Advice | PDF 1.34 MB |
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24/10/2019 | JC-2019-64 | Joint ESA Supervisory Statement – application of scope of the PRIIPs Regulation to bonds | Fund Management, Joint Committee | Statement | PDF 802.39 KB |
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05/12/2019 | JC 2019 19 | The introduction of fallbacks in OTC derivative contracts and the requirement to exchange collateral | Joint Committee, Post Trading | Statement | PDF 80.41 KB |
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27/02/2020 | ESMA/2014/677-REV | Information on shareholder cooperation and acting in concert under the Takeover Bids Directive | Corporate Disclosure, Corporate Governance | Statement | PDF 368.97 KB |
The European Securities and Markets Authority (ESMA) has published an update to its statement on practices governed by the Takeover Bid Directive (TBD), focused on shareholder cooperation issues relating to acting in concert and the appointment of board members. The update concerns a change to the Croatian creep-in threshold and secondary threshold in Appendix B. The statement contains a White List of activities that shareholders can cooperate on without the presumption of acting in concert. It also contains information on how shareholders may cooperate in order to secure board member appointments by setting out factors that national authorities may take into account when considering whether shareholders are acting in concert.The statement is in response to a request by the European Commission for clarity on these issues, following its 2012 report on the application of the TBD. It is based on information collected about the TBD’s application and common practices across the European Economic Area (EEA). The statement was prepared by the Takeover Bids Network, a permanent working group, under ESMA’s auspices, that promotes the exchange of information on practices and application of the TBD across EEA. |
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04/05/2020 | ESMA71-99-1324 | Statement on bilateral margin RTS amendments in response to Covid-19 | COVID-19, Joint Committee, Post Trading, Press Releases | Statement | PDF 101.16 KB |
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12/10/2020 | ESMA22-105-1248 | Steven Maijoor Opening Statement for ECON Hearing 12 October 2020 | Board of Supervisors, Brexit, Corporate Information, COVID-19, Joint Committee, Speeches | Statement | PDF 134.36 KB |
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07/12/2020 | JC 2020 86 | ESAs highlight the change in the status of Simple, Transparent and Standardised (STS) securitisation transactions at the end of the UK transition period | Brexit, Joint Committee | Statement | PDF 82.01 KB |