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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
06/07/2011 2011/203 The European Fund Industry Paradigm , Speech PDF
35.65 KB

The European Fund Industry Paradigm: Combining Long Term Investment Horizons and Risk Profiles Opening speech by Steven Maijoor, Chair of ESMA, at the Paris EUROPLACE Financial Forum - 6 July 2011

01/06/2015 2015/904 The Capital Markets Union, Asset Management and Stability , Speech PDF
78.68 KB
Steven Maijoor delivered a speech at the 26th Annual Conference of the International Bar Association on the Globalisation of Investment Funds.
14/09/2015 JC 2015 056 Statement by Steven Maijoor Chair ESAs Joint Committee- ECON Scrutiny session on PRIIPs 14 September 2015 , Speech PDF
105.88 KB
13/10/2015 2015/1535 Opening Statement- Steven Maijoor to ECON Scrutiny Hearing on AIFMD Passport Speech PDF
110.04 KB
02/02/2016 2016/165 Public Statement- Supervisory work on potential closet index tracking Statement PDF
258.17 KB

The European Securities and Markets Authority (ESMA) is issuing this statement to inform stakeholders and especially investors about the potential for some European collective investment funds to be ‘closet index trackers’, and to give details on the work that ESMA has been doing in this context.

Introduction

  1. ESMA’s attention was drawn to an alleged practice in the European collective investment management industry whereby asset managers claim, according to their fund rules and investor information documentation, to manage their funds in an active manner while the funds are, in fact, staying very close to a benchmark and therefore implementing an investment strategy which requires less input from the investment manager. At the same time, it is alleged that these funds charge management fees in line with those of funds that are considered to be actively managed[1]. This practice is commonly referred to as ‘closet indexing’ or ‘index hugging’.
  2. In many EU Member States, NCAs have launched or are in the process of launching specific investigations, in addition to their regular monitoring and supervisory functions, to determine the potential extent of closet indexing in their jurisdictions, with a focus on equity funds at this stage. At the same time, the issue has been the subject of considerable attention by investor protection groups and the media throughout the European Union.

Reasons for issuing this statement

  1. The issues around ‘closet indexing’ form part of a broader issue on the effectiveness of investor disclosure and the legitimate expectations of investors in respect of the service provided by some asset managers. Nonetheless, the potential practice of closet indexing in Europe raises questions that merit closer analysis. The analysis carried out by ESMA (see paragraphs 9 to 16 for more details) indicates that there might be a small, but not insignificant number of funds in the EU equity fund sector that may be closet index trackers. If the existence of this practice were to be confirmed by further supervisory scrutiny carried out at national level, this could mean that:
  1. investors could be making investment decisions based on an expectation that they will be provided with a more active fund management service than they receive in practice and, therefore, may be paying higher management fees than that usually envisaged for a passive/not significantly active management service;
  2. investors may be exposed to a different risk/return profile than they expect; and
  3. some asset managers may not provide clear descriptions of how funds are managed in key disclosure documents such as the fund’s Prospectus and Key Investor Information Document (KIID).
  1. ESMA considers it important that fund managers take their commitments in disclosure documents seriously. Managers should expect supervisory consequences where evidence for incorrect disclosures is proven.
 

[1] ESMA recognises that management fees may depend on a number of factors.

25/05/2016 2016/724 Requirements for reference data submission under Article 4 MAR , Statement PDF
88.1 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
30/09/2016 2016/1408 ESMA appoints new chairs to Standing Committees , , , Statement PDF
141.3 KB

The Board of Supervisors of the European Securities and Markets Authority (ESMA) has appointed the following individuals to serve as chairs of its standing committees:

  • Hannelore Lausch, Executive Director of the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin), Germany, will chair the Market Data Standing Committee;
  • Cyril Roux, Deputy Governor of the Central Bank of Ireland (CBI, will chair the Investment Management Standing Committee; and
  • Merel van Vroonhoven, Chair of the Autoriteit Financiële Markten (AFM), Netherlands, will chair the Investor Protection and Intermediaries Standing Committee.

The standing committees are expert groups drawn from ESMA staff and the national competent authorities for securities markets regulation in the Member States, and are responsible for the development of policy in their respective areas.  The appointments are for a period of two years and commence with immediate effect.

11/10/2016 2016-1459 ECON Hearing AIFMD passport Steven Maijoor Opening Statement Speech DOCX
330.05 KB
10/11/2016 2016-1563 Issues for consideration in implementing IFRS 9: Financial Instruments , , Statement PDF
256.22 KB
16/11/2016 2016-1579 ESMA Chair speaks on improving outcomes for investors in investment funds , Speech PDF
196.07 KB
31/05/2017 ESMA71-99-470 ESMA registers Bloomberg Trade Repository Limited as a trade repository , Statement PDF
141.48 KB

The European Securities and Markets Authority (ESMA), the EU supervisor of trade repositories (TRs), has registered Bloomberg Trade Repository Limited as a TR under the European Market Infrastructure Regulation (EMIR), with effect from 7 June 2017. Bloomberg Trade Repository Limited is based in the United Kingdom and covers the following derivative asset classes: commodities, credit, foreign exchange, equities and interest rates.

29/09/2017 ESMA71-99-602 ESMA appoints new chairs to Standing Committees , , , , , , , Statement PDF
143.69 KB
21/03/2018 ESMA71-99-964 CMU, Brexit and ESA review – What’s next? Steven Maijoor BVI Keynote , , Speech PDF
329.97 KB
27/09/2018 ESMA71-319-83 Financing Growth in the EU- speech by Verena Ross at the EBS , Speech PDF
181.48 KB
07/11/2018 ESMA71-99-1058 ESMA new SC chairs , , Statement PDF
142.32 KB
09/11/2018 ESMA80-187-149 Public statement- Contingency plans of Credit Rating Agencies and Trade Repositories in the context of the United Kingdom withdrawing from the European Union , , Statement PDF
137.78 KB
30/01/2019 ESMA71-99-1095 New IMSC Chair , Statement PDF
85.59 KB
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.

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