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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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01/10/2013 | 2013/606 DA | Aflønningspolitik og-praksis (MiFID) | Guidelines and Technical standards, MiFID - Investor Protection | Guidelines & Recommendations | PDF 357.25 KB |
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01/10/2013 | 2013/606 LT | Atlyginimų nustatymo politika ir praktika (FPRD) | Guidelines and Technical standards, MiFID - Investor Protection | Guidelines & Recommendations | PDF 268.28 KB |
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01/10/2013 | 2013/606 LV | Atlīdzības politika un prakse (FITD) | Guidelines and Technical standards, MiFID - Investor Protection | Guidelines & Recommendations | PDF 339.96 KB |
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01/10/2013 | 2013/606 NL | Beloningsbeleid en beloningspraktijken (MiFID) | Guidelines and Technical standards, MiFID - Investor Protection | Guidelines & Recommendations | PDF 319.71 KB |
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03/10/2018 | ESMA70-154-803 | BoS Decision Notice AT Guidelines Withdrawal | Guidelines and Technical standards, MiFID - Secondary Markets | Guidelines & Recommendations | PDF 512.94 KB |
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28/09/2012 | 2012/388 ES | Directrices acerca de ciertos aspectos de los requisitos del órgano de verificación del cumplimiento de la MiFID | MiFID - Investor Protection, Guidelines and Technical standards | Guidelines & Recommendations | PDF 359.25 KB |
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21/08/2012 | 2012/387 ES | Directrices relativas a determinados aspectos de los requisitos de idoneidad de la MiFID | MiFID - Investor Protection, Guidelines and Technical standards | Guidelines & Recommendations | PDF 347.12 KB |
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26/09/2017 | ESMA71-99-599 | EBA and ESMA provide guidance to assess the suitability of management body members and key function holders | Guidelines and Technical standards, Joint Committee, MiFID - Investor Protection, Press Releases | Press Release | PDF 243.97 KB |
The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have published their joint Guidelines to assess the suitability of members of management bodies and key function holders. |
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01/10/2013 | 2013/606 SV | Ersättningspolicy och ersättningspraxis (MiFID-direktivet) | Guidelines and Technical standards, MiFID - Investor Protection | Guidelines & Recommendations | PDF 248.72 KB |
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29/05/2019 | ESMA71-99-1168 | ESMA adjusts application of the trading obligation for shares in a no-deal Brexit | Brexit, MiFID - Secondary Markets, Press Releases | Press Release | PDF 87.46 KB |
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29/05/2019 | ESMA71-99-1168 | ESMA adjusts application of the trading obligation for shares in a no-deal Brexit | Brexit, MiFID - Secondary Markets, Press Releases | Press Release | PDF 87.46 KB |
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28/02/2013 | 2013/266 | ESMA and the EBA warn investors about contracts for difference | MiFID - Investor Protection, Warnings and publications for investors, Press Releases | Press Release | PDF 119.01 KB |
The European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) have published a warning to retail investors about the dangers of investing in contracts for difference (CFDs).The two authorities are concerned that during the current period of low investment returns, inexperienced retail investors across the EU are being tempted to invest in complex financial products, which they may not fully understand and which can end up costing them money they cannot afford to lose.Andrea Enria and Steven Maijoor, Chairs of the EBA and ESMA, warned:“Retail investors across the EU should be aware of all the risks arising from investing in CFDs. These products appear to promise investors substantial returns at a low cost but may ultimately cost them far more than they may have intended or could afford to lose.“CFDs are complex products that are not suitable for all types of investors, therefore you should always make sure that you understand how the product you are buying works, that it does what you want it to do and that you are in a position to take the loss if it fails.”Investors trading CFDs should protect themselvesInvestors should only consider trading in CFDs if they have extensive experience of trading in volatile markets, if they fully understand how these operate and have sufficient time to manage their investment on an active basis.Investors should carefully read their agreement or contract with the CFD provider before making a trading decision. They should make sure that they at least understand the following: • the costs of trading CFDs with the CFD provider, • whether the CFD provider will disclose the margins it makes on their trades, • how the prices of the CFDs are determined by the CFD provider, • what happens if they hold their position open overnight, • whether the CFD provider can change or re-quote the price once an investor places an order, • whether the CFD provider will execute investor’s orders even if the underlying market is closed, • whether there is an investor or deposit protection scheme in place in the event of counterparty or client asset issues.If investors do not understand what’s on offer, they should not trade. Further information Always check if the CFD provider is authorised to do investment business in your country. You can check this on the website of the CFD provider’s national regulator. A list of all the national regulatory authorities, and their websites, is also available from:• ESMA at http://www.esma.europa.eu/investor-corner; and • EBA at http://www.eba.europa.eu/Publications/Consumer-Protection-Issues.aspx.The investor warning on CFDs will be translated into the official EU languages.Concurrently with the publication of this warning, the EBA is addressing an internal Opinion under Art. 29 of the EBA Regulations to national supervisory authorities on the prudential supervision of CFDs. Notes for editors1. ESMA/2013/267 Investor Warning – Contracts for Difference (CFDs)2. ESMA and the EBA are independent EU Authorities that were established on 1 January 2011 and work closely with the European other European Supervisory Authority responsible for insurance and occupational pensions (EIOPA).3. ESMA’s mission is to enhance the protection of investors and promote stable and well-functioning financial markets in the European Union (EU). As an independent institution, ESMA achieves this aim by building a single rule book for EU financial markets and ensuring its consistent application across the EU. ESMA contributes to the regulation of financial services firms with a pan-European reach, either through direct supervision or through the active co-ordination of national supervisory activity.4. The EBA has a broad remit in the areas of banking, payments and e-money regulation, as well as on issues related to corporate governance, auditing and financial reporting. Its tasks include the protection of consumers and depositors, preventing regulatory arbitrage, guaranteeing a level playing field (especially by building a single rule book for the European banking system) strengthening international supervisory coordination, promoting supervisory convergence and providing advice to EU institutions. Further information:Reemt SeibelESMA Communications Officer Tel: +33 (0)1 58 36 4272Mob: +33 6 42 48 55 29Email: reemt.seibel@esma.europa.eu David CliffeESMA Senior Communications OfficerTel: +33 (0)1 58 36 43 24Mob: +33 6 42 48 29 06Email: david.cliffe@esma.europa.euRomain SadetEBA Communications Officer Tel: +44 (0) 207 997 5914Mob: +44 (0) 7785 463278 Email: romain.sadet@eba.europa.eu Franca CongiuEBA Communications OfficerTel: +44 (0) 207 382 1781Mob: +44 (0) 7771 376395Email: francarosa.congiu@eba.europa.eu | |||
11/06/2013 | 2013/726 | ESMA clarifies pay rules applicable to investment firms | MiFID - Investor Protection | Press Release | PDF 111.92 KB |
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03/10/2016 | 2016/1425 | ESMA consults on consolidated tape for non-equity products | MiFID - Secondary Markets, Press Releases | Press Release | PDF 144.25 KB |
The European Securities and Markets Authority (ESMA) has issued today a consultation paper on its draft regulatory technical standards (RTS) regarding the creation of a consolidated tape for non-equity instruments which is required under the Markets in Financial Instruments Directive (MiFID II). The new MiFID II framework, which covers equity-like and non-equity instruments traded on trading venues, introduces provisions for establishing a central source of post-trade prices or consolidated tape. ESMA, having already issued its draft RTS on an equity tape, is seeking feedback on its draft RTS for the non-equity tape. In order to create the non-equity tape, trading venues and approved publication arrangements (APAs) will send real-time post-trade data to consolidated tape providers (CTPs), who will consolidate this data in real-time and make the data available to the public. |
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22/05/2014 | 2014/557 | ESMA consults on MiFID reforms | MiFID - Investor Protection, Press Releases, MiFID - Secondary Markets | Press Release | PDF 119.33 KB |
The European Securities and Markets Authority (ESMA) has launched the consultation process for the implementation of the revised Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR). This is the first step in the process of translating the MiFID II/MiFIR requirements into practically applicable rules and regulations to address the effects of the financial crisis and to improve financial market transparency and strengthen investor protection.MiFID II/MiFIR introduces changes that will have a large impact on the EU’s financial markets, these include transparency requirements for a broader range of asset classes; the obligation to trade derivatives on-exchange; requirements on algorithmic and high-frequency-trading and new supervisory tools for commodity derivatives. It will also strengthen protection for retail investors through limits on the use of commissions; conditions for the provision of independent investment advice; stricter organisational requirements for product design and distribution; product intervention powers; and the disclosure of costs and charges.MiFID II/MiFIR contains over 100 requirements for ESMA to draft Regulatory Technical Standards (RTS) and Implementing Technical Standards (ITS), and to provide Technical Advice to the European Commission to allow it to adopt delegated acts. In order to ensure that MIFID II achieves its objectives in practice, ESMA is publishing the following documents:1. Consultation Paper on MiFID/MiFIR Technical Advice – ESMA needs to deliver this advice to the European Commission by December 2014 and is therefore subject to a condensed consultation process for this paper; and2. Discussion Paper on MiFID/MiFIR draft RTS/ITS – this will provide the basis for a further consultation paper on the draft RTS/ITS which is expected to be issued in late 2014/early 2015. The closing date for responses to both papers is Friday 1 August. Steven Maijoor, ESMA Chair, said:“The launch of today’s MiFID II/MiFIR consultation process is an important step in the biggest overhaul of financial markets regulation in the EU for a decade. The reform of MiFID is an integral part of the EU’s strategy to address the effects of the financial crisis and aims to bring greater transparency to markets and to strengthen investor protection. These changes are key to restoring trust in our financial markets.“We appreciate the magnitude of this exercise for stakeholders. We strongly encourage all those affected by these reforms to provide their views to ensure that we take them into account in our final proposals.”The main issues covered in the Discussion and Consultation Paper are divided into those addressing the structure, transparency and regulation of financial markets, and those aimed at strengthening investor protection.Financial Markets Structure, Transparency and RegulationThe main proposals in this area cover the following issues: enhanced transparency and trading obligations - increasing pre- and post-trade transparency for many categories of instruments, e.g. shares, ETFs, certificates, bonds and derivatives, limitations to trade shares OTC and new obligations to trade derivatives on trading venues; micro-structural issues – refining the definition of high frequency trading and direct electronic access and specifying the requirements for operating in the market using algorithmic techniques; data publication and access – issues related to the development of the consolidated tape including requirements for tape providers, approved publication arrangements and reporting mechanisms, and the definition of a reasonable commercial basis for data sales; and the access to CCPs, trading venues and benchmarks; other organisational requirements for trading venues; and commodity derivatives – new regulatory tools, including position limits. Investor ProtectionThe main proposals relating to the improved protection of retail investors include technical advice on: inducements – new limitations on the receipt of commissions (inducements); independent advice – clearly distinguishing independent from non-independent advice; product governance – requirements on the manufacture and distribution of financial products including target market and risk identification; product intervention/banning - introducing powers for both ESMA and national regulators to prohibit or restrict the marketing and distribution of certain financial instruments; and improved information on costs and charges – requirements to provide clients with details of all charges related to their investment (relating to both the investment service and the financial instrument provided) so they can understand the overall cost and its effect on their investment’s return. In addition, the draft regulatory technical standards in the investor protection area relate to the authorisation of investment firms, passporting, and certain best execution obligations.Next StepsESMA will hold three public hearings about secondary markets, investor protection and commodity derivatives issues on Monday 7 and Tuesday 8 July. Further details on the hearings will be published on ESMA’s website. 2014/548 2014/549 | |||
05/10/2016 | 2016/1438 | ESMA consults on product governance guidelines to safeguard investors | MiFID - Investor Protection, Press Releases | Press Release | PDF 152.24 KB |
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13/07/2018 | ESMA71-99-1005 | ESMA consults on tick size regime PR | MiFID - Secondary Markets, Press Releases | Press Release | PDF 149.16 KB |
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10/11/2016 | 2016/1570 | ESMA consults on transparency rules for package orders under MiFID II | MiFID - Secondary Markets | Press Release | PDF 147.53 KB |
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09/01/2018 | ESMA71-99-925 | ESMA Double Volume Cap delay | MiFID - Secondary Markets, Press Releases | Press Release | PDF 216.16 KB |
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07/04/2016 | 2016/582 | ESMA finds room for improvement in national supervision of investment advice to retail clients | MiFID - Investor Protection, Press Releases, Supervisory convergence | Press Release | PDF 107.49 KB |