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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|22/10/2019||ESMA32-63-791||European common enforcement priorities for 2019 annual financial reports||Corporate Disclosure, IAS Regulation||Statement||PDF
|30/09/2019||ESMA-35-43-2090||Call for evidence on MiFID II product intervention powers||MiFID - Investor Protection||Consultation Paper||PDF
|17/07/2019||ESMA35-43-1905||Call for evidence Impact of the inducements and costs and charges disclosure requirements under MiFID II||MiFID - Investor Protection||Consultation Paper||PDF
|15/07/2019||ESMA35-43-2019||Consultation paper on compliance function guidelines||MiFID - Investor Protection||Consultation Paper||PDF
|12/07/2019||ESMA35-36-1743||Statement Product Intervention||MiFID - Investor Protection||Statement||PDF
|08/01/2019||ESMA31-65-682||Information on shareholder cooperation and acting in concert under the Takeover Bids Directive||Corporate Disclosure, Corporate Governance||Statement||PDF
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.
|19/12/2018||ESMA35-43-1328||Brexit Statement- information to clients||Brexit, MiFID - Investor Protection||Statement||PDF
|19/12/2018||ESMA35-43-1210||Consultation paper on integrating sustainability risks and factors in MiFID II||MiFID - Investor Protection||Consultation Paper||PDF
|19/12/2018||ESMA35-43-1210||Consulation paper on integrating sustainability risks and factors in MiFID II||MiFID - Investor Protection||Consultation Paper|
|07/11/2018||ESMA71-99-1058||ESMA new SC chairs||Fund Management, MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors||Statement||PDF
|26/10/2018||ESMA32-63-503||European common enforcement priorities for 2018 annual financial reports||Corporate Disclosure, IFRS Supervisory Convergence||Statement||PDF
|30/05/2018||ESMA71-99-991||Statement of the EBA and ESMA on the treatment of retail holdings of debt financial instruments subject to the Bank Recovery and Resolution Directive||MiFID - Investor Protection, Warnings and publications for investors||Statement||PDF
|18/01/2018||ESMA35-43-904||Call for Evidence – Potential product intervention measures on contracts for differences and binary options to retail clients||MiFID - Investor Protection||Consultation Paper||PDF
|15/12/2017||ESMA71-99-910||Statement on preparatory work of the European Securities and Markets Authority in relation to CFDs and binary options offered to retail clients||MiFID - Investor Protection, Warnings and publications for investors||Statement||PDF
|27/10/2017||ESMA32-63-340||Public Statement on European common enforcement priorities for 2017 IFRS financial statements||Corporate Disclosure, IFRS Supervisory Convergence||Statement||PDF
|29/09/2017||ESMA71-99-602||ESMA appoints new chairs to Standing Committees||Board of Supervisors, Corporate Disclosure, Corporate Finance, Corporate Information, Innovation and Products, Market Integrity, MiFID - Secondary Markets, Post Trading||Statement||PDF
|13/07/2017||ESMA35-43-748||Consultation Paper on guidelines on certain aspects of the MiFID II suitability requirements||MiFID - Investor Protection||Consultation Paper||PDF
|28/06/2017||ESMA35-36-885||Product Intervention- General Statement||Innovation and Products, MiFID - Investor Protection||Statement||PDF
This statement provides an update on the European Securities and Markets Authority’s (ESMA) work in relation to the sale of contracts for differences (CFDs), binary options and other speculative products to retail investors.
ESMA has been concerned about the provision of speculative products such as CFDs, rolling spot forex and binary options to retail investors for a considerable period of time and has conducted ongoing monitoring and supervisory convergence work in this area. In this context, ESMA has previously published a number of Q&As on CFDs and other speculative products to foster supervisory convergence, having established a CFD Task Force in July 2015, and also issued a further investor warning on the sale of CFDs, binary options and other speculative products in July 2016.
However, ESMA remains concerned that these supervisory convergence tools may not be sufficiently effective to ensure that the risks to consumer protection are sufficiently controlled or reduced. ESMA is therefore discussing the possible use of its product intervention powers under Article 40 of MiFIR to address investor protection risks in relation to CFDs, rolling spot forex and binary options.
ESMA is in the process of discussing the possible use of its product intervention powers under Article 40 of MiFIR, the possible content of any such measures, and how they could be applied. However, ESMA can confirm that the measures being discussed for (i) CFDs and rolling spot forex and (ii) binary options include proposals that take into account a number of measures that have been adopted or publicly consulted on by EU National Competent Authorities. These measures include leverage limits, guaranteed limits on client losses, and / or restrictions on the marketing and distribution of these products.
In accordance with Article 40 of MiFIR, any intervention measures must be approved by the ESMA Board of Supervisors and can only come into effect from 3 January 2018 at the earliest.
 ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016
|10/11/2016||2016-1563||Issues for consideration in implementing IFRS 9: Financial Instruments||Audit, Corporate Disclosure, IFRS Supervisory Convergence||Statement||PDF
|28/10/2016||ESMA/2016/1528||European common enforcement priorities for 2016 financial statements||Corporate Disclosure, Corporate Information, IFRS Supervisory Convergence||Statement||PDF