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| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 03/11/2011 | JC 2011/094 | Press release- ESMA, EBA and EIOPA appoint members of Joint Board of Appeal | Joint Committee, Board of Appeal, Press Releases | Press Release | PDF 24.72 KB |
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| 19/07/2012 | BOA/2012/004 | Guidelines on appeal proceedings | Board of Appeal | Reference | PDF 76.14 KB |
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| 19/07/2012 | BOA/2012/002 | Rules of Procedure for the Board of Appeal | Board of Appeal | Reference | PDF 141.42 KB |
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| 19/07/2012 | BOA/2012/005 | Form of notice of appeal | Board of Appeal | Reference | PDF 63.32 KB |
This form should be used for all appeals to the Board of Appeal | |||
| 19/07/2012 | 2011/454 | MOU on the supervision of CRAs- ESMA and ASIC | Credit Rating Agencies, International cooperation | Reference | PDF 4 MB |
This document contains two copies of the MOU, signed by ESMA and by the ASIC. | |||
| 19/07/2012 | 2012/124 | MOU on the supervision of CRAs- ESMA and MAS | Credit Rating Agencies, International cooperation | Reference | PDF 574.14 KB |
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| 19/07/2012 | MOU SFC ESMA | MOU on the supervision of CRAs- ESMA and SFC Hong Kong | Credit Rating Agencies, International cooperation | Reference | PDF 497.63 KB |
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| 19/07/2012 | MOU SEC ESMA | MOU on the supervision of CRAs- ESMA and SEC | Credit Rating Agencies, International cooperation | Reference | PDF 306.87 KB |
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| 19/07/2012 | MOU CNV ESMA | MOU on the supervision of CRAs- ESMA and CNV Argentina | Credit Rating Agencies, International cooperation | Reference | PDF 169.13 KB |
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| 19/07/2012 | MOU Canada ESMA | MOU on the supervision of CRAs- ESMA and Canadian authorities | Credit Rating Agencies, International cooperation | Reference | PDF 139.68 KB |
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| 31/10/2012 | 2012/718 | Final annual accounts of ESMA for 2011 | Planning reporting budget | Reference | PDF 841.35 KB |
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| 21/11/2012 | ECA/ESMA 2011 | Report on the annual accounts of the European Securities and Markets Authority for the financial year 2011 together with the Authority’s replies | Planning reporting budget | Reference | PDF 114.64 KB |
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| 18/02/2013 | MOU ESMA/DFSA | MOU on the supervision of CRAs- ESMA and Dubai FSA | Credit Rating Agencies, International cooperation | Reference | PDF 181.09 KB |
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| 11/03/2013 | 2013/280 | Vacancy notice- Chair of Committee drafting a proxy advising industry Code of Conduct | Corporate Finance, Corporate Governance | Reference | PDF 102.91 KB |
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| 24/06/2013 | BoA 2013-008 | Board of Appeal Decision | Joint Committee, Board of Appeal | Decision | PDF 242.72 KB |
The joint Board of Appeal of the European Supervisory Authorities (EBA, ESMA and EIOPA) has published today its decision in an appeal brought by an Estonian company against a decision of the EBA. It concerned the question whether the suitability of the managers of a significant branch of a bank may be a matter within EU law, and not just national law. Allowing the appeal, the Board of Appeal interpreted Directive No. 2006/48/EC consistently with the EBA Guidelines on the assessment of the suitability of members of the management body and key function holders. It came to the conclusion that the “fit and proper” requirement is not restricted to the persons who direct the business of the credit institution. The matter therefore was within the EBA’s powers of investigation. Although the appellant criticised the way in which the EBA dealt with its complaint, the Board of Appeal made it clear that it did not accept that criticism. It considered that the EBA dealt with the complaint in an appropriate manner. The ground on which the appeal was allowed was one of interpretation of the applicable legal provisions. The case was remitted to the EBA to adopt the appropriate decision in accordance with the Board of Appeal’s findings. This is for information only. The decision consists of the signed Decision only. For any enquiries, please contact EIOPA’s Press Office: Anzhelika Mayer Tel.: +49 69 9511 1968 | |||
| 18/07/2013 | 2013/998 | Guidelines on the model MoU concerning consultation, cooperation and the exchange of information related to the supervision of AIFMD entities | International cooperation, Fund Management | Guidelines & Recommendations | PDF 245.15 KB |
ESMA finalises supervisory co-operation agreements for alternative investment funds The European Securities and Markets Authority (ESMA) has approved seven co-operation arrangements between EU securities regulators and their global counterparts with responsibility for the supervision of alternative investment funds, including hedge funds, private equity and real estate funds. ESMA’s Board of Supervisors, at its July meeting, approved Memoranda of Understanding (MoUs) with authorities from the Bahamas, Japan, Malaysia, Mexico and the United States, including the Commodity Futures Trading Commission (CFTC). ESMA has now negotiated 38 agreements on behalf of the 31 EU/EEA national competent authorities for securities markets supervision. The co-operation agreements allow for the exchange of information, cross-border on-site visits and mutual assistance in the enforcement of respective supervisory laws. ESMA had approved 31 MoUs with other non-EU regulators in May. The agreements cover third-country alternative investment fund managers (AIFMs) that market alternative investment funds (AIFs) in the EU and EU AIFMs that manage or market AIFs outside the EU. The agreements also cover co-operation in the cross-border supervision of depositaries and AIFMs’ delegates. National securities regulators in the EU, as the supervisors of AIFMs, are in the process of signing MoUs with those jurisdictions relevant to their market. The existence of co-operation arrangements between the EU and non-EU authorities is a precondition of the Alternative Investment Fund Managers Directive (AIFMD) for allowing managers from third countries access to EU markets or to perform fund management by delegation from EU managers by 22 July 2013. The co-operation arrangements are applicable from 22 July, and will enable cross-border marketing of AIFs to professional investors between jurisdictions. This is subject to the non-EU jurisdiction not being listed as a non-cooperative jurisdiction by the Financial Action Task Force and, as from the entry into force of the passport for non-EU managers, having co-operation agreements in place with EU Member States regarding the exchange of information on tax matters. The content of the ESMA MoUs follow the IOSCO Principles on Cross-Border Supervisory Co-operation of 2010, and complements the terms and conditions of the IOSCO Multilateral MoU Concerning Consultation and Co-operation and the Exchange of Information of 2002 (MMoU). ESMA had originally contacted all the authorities that have signed the IOSCO MMoU of 2002. ESMA has now approved MoUs with those 42 authorities that responded to ESMA’s call. ESMA continues to negotiate the MoU with the Chinese authority. Memoranda of Understanding (MoUs) MoU with AFSA (Albania) MoU with ASIC (Australia) MoU with BMA (Bermuda) MoU with Canadian authorities Accompanying letter MoU with CDVM (Morocco) MoU with CFTC (US) Accompanying letter MoU with CIMA (Cayman Islands) MoU with CMA (Kenya) MoU with CMSA (Tanzania) MoU with CNBV (Mexico) MoU with CVM (Brazil) MoU with DFSA (Dubai) MoU with FCSM (Mauritius) MoU with FINMA (Switzerland) MoU with FSA (Labuan) MoU with FSC (BVI) MoU with FSC (Guernsey) MoU with FSC (Isle of Man) MoU with FSC (Jersey) MoU with HKMA (Hong Kong) MoU with ISA (Israel) MoU with JFSA (Japan) MoU with MAFF (Japan) MoU with MAS (Singapore) MoU with METI (Japan) MoU with OCC and FED (US) MoU with OSFI (Canada) MoU with SC (Malaysia) MoU with SC (Republic of Srpska) MoU with SC (The Bahamas) MoU with SCA (UAE) MoU with SEBI (India) MoU with SEC (Montenegro) MoU with SEC (Pakistan) MoU with SEC (Thailand) MoU with SEC Macedonia (FYROM) MoU with SFC (Hong Kong) MoU with US SEC Accompanying letter MoU with EFSA (Egypt) MoU with FMA (New Zealand) MoU with FSB (South Africa) MoU with SSC (Vietnam) MoU with FSC and FSS (South Korea) |
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| 18/07/2013 | 2013/992 | ESMA finalises supervisory co-operation agreements for alternative investment | Fund Management, Press Releases, International cooperation | Press Release | PDF 167.72 KB |
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| 03/10/2013 | 2013/1355 | ESMA 2014 Work Programme | Planning reporting budget | Reference | PDF 852.81 KB |
The European Securities and Markets Authority's (ESMA) 2014 Work Programme sets out ESMA’s planned activities and related budget for 2014. | |||
| 13/12/2013 | 2013/1928 | Final annual accounts of ESMA for 2012 | Planning reporting budget | Reference | PDF 2.65 MB |
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| 13/01/2014 | BoA 2013-014 | Board of Appeal Decision Global Private Rating Company v. ESMA | Joint Committee, Board of Appeal | Decision | PDF 361.96 KB |
Board of Appeal of the European Supervisory Authorities dismisses appeal made by a refused CRA-applicant against ESMA On 10 January 2014, the Board of Appeal of the European Supervisory Authorities handed down its decision on an appeal by the appellant, Global Private Rating Company “Standard Rating” Ltd, against the refusal by the European Securities and Markets Authority (ESMA) to register it as a credit rating agency. This is the first appeal against a decision by ESMA refusing an applicant registration as a credit rating agency. The Board of Appeal unanimously decided that the appeal should be dismissed, and that ESMA’s refusal decision should be confirmed. It stated that it accepted the appellant’s point that the registration of a credit rating agency by ESMA is a new process, and recognised that the procedures will to an extent take time fully to work out. Nevertheless, because of the responsibilities placed on credit rating agencies and their importance in the financial system generally, it considered that the onus must be on an applicant to satisfy ESMA that the relevant requirements are met. The application and its contents must be very clear, and it is not ESMA’s responsibility as regulator to remedy deficiencies. |