ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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18/12/2014 | 2014/1560 | Advice- Investment-based crowdfunding | Innovation and Products | Final Report | PDF 482.2 KB |
Crowdfunding is a means of raising finance for projects from ‘the crowd’ often by means of an internet-based platform through which project owners ‘pitch’ their idea to potential backers, who are typically not professional investors. It takes many forms, not all of which involve the potential for a financial return. ESMA’s focus is on crowdfunding which involves investment, as distinct from donation, non-monetary reward or loan agreement.Crowdfunding is relatively young and business models are evolving. EU financial services rules were not designed with the industry in mind. Within investment-based crowdfunding a range of different operational structures are used so it is not straightforward to map crowdfunding platforms’ activities to those regulated under EU legislation. Member States and NCAs have been working out how to treat crowdfunding, with some dealing with issues case-by-case, some seeking to clarify how crowdfunding fits into existing rules and others introducing specific requirements.To assist NCAs and market participants, and to promote regulatory and supervisory convergence, ESMA has assessed typical investment-based crowdfunding business models and how they could evolve, risks typically involved for project owners, investors and the platforms themselves and the likely components of an appropriate regulatory regime. ESMA then prepared a detailed analysis of how the typical business models map across to the existing EU legislation, set out in sections 1 to 6 of this document. | |||
12/09/2013 | 2013/08/ODRG | Agreed Understandings to Resolving Cross-border Conflicts, Inconsistencies, Gaps and Duplicative Requirements | Post Trading | Final Report | PDF 442.48 KB |
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09/03/2016 | ESAs/2016/22 | Annexes to RTS on Risk Mitigation LegisWrite | Joint Committee | Final Report | PDF 297.23 KB |
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21/12/2017 | ESMA70-151-812 | Annual peer review of EU CCP supervision on supervisory activities on CCPs’ Default Management Procedures | Post Trading | Final Report | PDF 471.59 KB |
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25/02/2015 | 2015/494 | Best Execution under MiFID | MiFID - Investor Protection, Supervisory convergence | Final Report | PDF 761.62 KB |
The European Securities and Markets Authority (ESMA) has conducted a peer review on how national regulators (national competent authorities or NCAs) supervise and enforce the MiFID provisions relating to investment firms’ obligation to provide best execution, or obtain the best possible result, for their clients when executing their orders. ESMA found that the level of implementation of best execution provisions, as well as the level of convergence of supervisory practices by NCAs, is relatively low. In order to address this situation a number of improvements were identified, including: • prioritisation of best execution as a key conduct of business supervisory issue; • the allocation of sufficient resources to best execution supervision; and • a more proactive supervisory approach to monitoring compliance with best execution requirements, both desk-based and onsite inspections. The review was conducted on the basis of information provided by 29 NCAs and complemented by on-site visits to the NCAs of France, Liechtenstein, Luxembourg, Malta, Poland and Spain. | |||
28/02/2008 | 08-099 | CESR Executive summary to the report on administrative measures and sanctions as well as the criminal sanctions available in Member States under the Market Abuse Directive | Market Abuse | Final Report | PDF 874.1 KB |
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10/06/2013 | 2013/619 | Comparison of liability regimes in Member States in relation to the Prospectus Directive | Prospectus, Corporate Disclosure | Final Report | PDF 596.91 KB |
The European Securities and Markets Authority (ESMA) has published a report on the Comparison of liability regimes in Member States in relation to the Prospectus Directive. This is the first report of its kind and provides a comparison of liability regimes covering the EEA – comprising the 27 EU Member States along with Iceland and Norway and is aimed at providing clarity for market participants about the different regimes in place. The report contains an overview of the different arrangements and frameworks in place in EEA States to address administrative, criminal, civil and governmental liability, and provides clarity to market participants about the different regimes in place. The report was compiled in response to a European Commission request of January 2011 for assistance in identifying and monitoring the different regimes in EEA states. The report does not cover how the regimes, or sanctions, are applied. Report Comparison of liability regimes in Member States in relation to the Prospectus Directive Annex II Comparative table of responses from EEA States Annex III Individual responses from EEA States | |||
28/09/2015 | 2015/1455 CBA | Cost analysis for Final Report on MAR technical standards | Market Abuse | Final Report | PDF 2.59 MB |
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28/08/2020 | ESMA70-156-3490 | CSDR RTS on Settlement Discipline – Postponement until 1 February 2022 | Post Trading | Final Report | PDF 365.39 KB |
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26/05/2016 | 2016/725 | Draft RTS on indirect clearing arrangements under EMIR and MiFIR | Guidelines and Technical standards, Post Trading, MiFID - Secondary Markets | Final Report | PDF 740.71 KB |
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28/09/2020 | ESMA35-43-2424 | Draft technical standards on the provision of investment services and activities in the Union by third-country firms under MiFID II and MiFIR | MiFID - Investor Protection | Final Report | PDF 1.23 MB |
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10/11/2021 | ESMA35-42-1183 | Draft technical standards under the European crowdfunding service providers for business Regulation | Crowdfunding, MiFID - Investor Protection | Final Report | PDF 1.43 MB |
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11/04/2012 | JC/2011/97 | EBA, ESMA and EIOPA’s Report on the legal and regulatory provisions and supervisory expectations across EU Member States of Simplified Due Diligence requirements where the customers are credit and financial institutions under the Third Money Laundering Di | Joint Committee | Final Report | PDF 476.47 KB |
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11/04/2012 | JC/2011/96 | EBA, ESMA and EIOPA’s Report on the legal, regulatory and supervisory implementation across EU Member States in relation to the Beneficial Owners Customer Due Diligence requirements under the Third Money Laundering Directive [2005/60/EC] | Joint Committee | Final Report | PDF 552.11 KB |
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26/07/2021 | SFDR EC Q&A | EC Q&A on sustainability-related disclosures | Joint Committee, Sustainable finance | Q&A | PDF 601.99 KB |
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30/11/2021 | SFDR EC Q&A CORRECTION | EC Q&A on sustainability-related disclosures- correction | Joint Committee, Sustainable finance | Q&A | PDF 87.19 KB |
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23/07/2015 | 2015/1136 | EEA prospectus activity in 2014 | Prospectus, Corporate Disclosure | Final Report | PDF 578.07 KB |
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07/02/2020 | ESMA70-156-2076 | EMIR Final Report on alignment clearing and trading obligations | Post Trading | Final Report | PDF 309.87 KB |
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13/08/2015 | 2015/1251 | EMIR Review Report no.1- Review on the use of OTC derivatives by non-financial counterparties | Post Trading | Final Report | PDF 3.03 MB |
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13/08/2015 | 2015/1252 | EMIR Review Report no.2- Review on the efficiency of margining requirements to limit procyclicality | Post Trading | Final Report | PDF 3.93 MB |