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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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14/09/2011 | 2011/288 | Call for evidence- Empty voting | Corporate Disclosure, Corporate Governance, Transparency | Consultation Paper | PDF 81.13 KB |
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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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22/03/2012 | 2012/212 | Discussion Paper- An Overview of the Proxy Advisory Industry. Considerations on Possible Policy Options | Corporate Disclosure, Corporate Governance | Consultation Paper | PDF 524.85 KB |
This Discussion Paper focuses on the development of the proxy advisory industry in Europe, which mainly serves institutional investors such as asset managers, mutual funds and pension funds. Following its fact-finding work in 2011, ESMA recognises the proxy advisory industry within Europe is, or is expected to be, growing in prominence and investors are, or are expected to be, increasingly using proxy advisor services. In this paper ESMA identifies several key issues related to the proxy advisory market which may have an impact on the proper functioning of the voting process. The range of policy options that ESMA will consider, and on which it seeks further input from market participants, consists of four broad areas, including: 1. No EU-level action at this stage 2. Encouraging Member States and/or industry to develop standards 3. Quasi-binding EU-level regulatory instruments 4. Binding EU-level legislative instruments ESMA will consider these options based on the feedback it receives from market participants, and, if appropriate, will undertake further policy action, either directly or by providing an opinion to the European Commission. The reason to bring up some policy options is due to the fact that proxy advisors are currently not regulated at a pan-European level. Nevertheless, there are relevant European rules that apply to investors (e.g. for UCITS management companies when exercising voting rights). In addition, there are also well-recognised corporate governance standards that apply to issuers at a national level (based on the “comply or explain approach”) and some complements to improve standards of stewardship among investors. All feedback received from this Discussion Paper will be duly considered. ESMA expects to publish a feedback statement in Q4 of 2012 which will summarise the responses received and will state ESMA’s view on whether there is a need for policy action in this area. | |||
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. | |||
08/06/2015 | 2015/920 | Impact of the Best Practice Principles for Providers of Shareholder Voting Research and Analysis | Corporate Disclosure, Corporate Governance | Consultation Paper | PDF 337.08 KB |
Responding to this Call for Evidence ESMA invites comments on all matters in this paper and in particular on the specific questions presented throughout the paper. Comments are most helpful, if they:a. respond to the question stated;b. indicate the specific question to which they relate; andc. contain a clear rationale. ESMA will consider all comments received by 27 July 2015. All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’. Publication of responses All contributions received will be published following the close of the Call for Evidence, unless you request otherwise. Please clearly and prominently indicate in your submission any part you do not wish to be publically disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you, if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman.Data protection Information on data protection can be found at www.esma.europa.eu under the heading Legal Notice.Who should read this Call for Evidence This Call for Evidence will be of relevance to persons and entities participating in the voting chain, particularly proxy advisors, investors, companies listed in Europe, proxy solicitors and consultants. | |||
25/09/2015 | 2015/1463 | ESMA Consultation Paper on ESEF | Corporate Disclosure, European Single Electronic Format, Transparency | Consultation Paper | PDF 2.34 MB |
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31/05/2017 | ESMA71-99-470 | ESMA registers Bloomberg Trade Repository Limited as a trade repository | Press Releases, Trade Repositories | 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. |
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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 | Brexit, Credit Rating Agencies, Trade Repositories | Statement | PDF 137.78 KB |
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28/03/2019 | ESMA90-1-83 | Brexit Update March 2019 | Brexit, Credit Rating Agencies, MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC, Post Trading, Trade Repositories | Statement | PDF 121.13 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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09/03/2020 | ESMA80-199-332 | ESMA Supervision- Annual Report 2019 and Work Programme 2020 | Benchmarks, Credit Rating Agencies, Securities Financing Transactions, Securitisation, Trade Repositories | Annual Report | PDF 825.72 KB |
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27/03/2020 | ESMA74-362-47 | CP on the TS on reporting data quality data access and registration of TRs under EMIR REFIT | Post Trading, Supervisory convergence, Trade Repositories | Consultation Paper | PDF 2.66 MB |
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06/05/2020 | ESMA71-99-1321 | ESMA registers SFTR TRs | Press Releases, Securities Financing Transactions, Trade Repositories | Statement | PDF 95.4 KB |
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09/07/2020 | ESMA74-362-608 | Guidelines on calculation of positions in SFTs by Trade Repositories | Securities Financing Transactions, Trade Repositories | Consultation Paper | PDF 799.81 KB |
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18/12/2020 | ESMA80-192-10053 | Public Statement_Registration_DTCC Data Repository (Ireland) PLC under EMIR and SFTR | Securities Financing Transactions, Trade Repositories | Statement | PDF 76.58 KB |