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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
27/03/2014 2014/332 Structured Retail Products- Good practices for product governance arrangements , Opinion PDF
203.1 KB
Legal basis 1.    Regulation (EU) No 1095/2010 (ESMA Regulation)  sets out the European Securities and Markets Authority’s (ESMA) scope of action, tasks and powers which include “enhancing customer protection”, and “foster[ing] investor protection”.  2.    In order to continue delivering on this investor protection statutory objective, ESMA is issuing this opinion on certain aspects linked to the manufacturing and distribution of structured retail products (SRP). This opinion takes into account relevant work done in this field both at European and interna-tional level.  3.    This opinion is without prejudice to the requirements for the provision of investment services and activities established in the Markets in Financial Instruments Directive (MiFID)  and its implementing measures (notably, Directive 2006/73/EC), the regulatory developments arising from the MiFID review or existing product rules that may apply to SRPs.  4.    ESMA’s competence to deliver an opinion is based on Article 29(1) (a) of the ESMA Regulation. In accordance with Article 44(1) of the ESMA Regulation, the Board of Supervisors has adopted this opinion. Background 5.    In its July 2013 report on ‘Retailisation in the EU’ , ESMA highlighted that, from a consumer protec-tion perspective, retail investors may face difficulties in understanding the drivers of risks and returns of structured products. If retail investors do not properly understand the risk and reward profile of structured products, and if the products are not properly assessed against the risk appetite of retail investors, retail investors might be exposed to unexpected losses and this might lead to complaints, reputational risks for manufacturers and distributors, and a loss of confidence in the regulatory framework and, more broadly, in financial markets. 6.    In 2013, ESMA mapped the measures adopted in the EU Member States in relation to complex products in order to identify issues and to better understand the rationale behind national initiatives (by looking at similarities and differences in the various approaches, and reviewing how complexity has been treated in the different EU Members States). 7.    As a result, ESMA has developed a broad set of non-exhaustive examples of good practices, attached as Annex 1 hereto, illustrating arrangements that firms - taking into account the nature, scale and complexity of their business - could put in place to improve their ability to deliver on investor protection regarding, in particular, (i) the complexity of the SRPs they manufacture or distribute, (ii) the nature and range of the investment services and activities undertaken in the course of that business, and (iii) the type of investors they target. These good practices should also be a helpful tool for competent authorities in carrying out their supervisory action. Opinion 8.    ESMA considers that sound product governance arrangements are fundamental for investor protec-tion purposes, and can reduce the need for product intervention actions by competent authorities. 9.    ESMA considers that, when supervising firms manufacturing or distributing an SRP, competent authorities should promote, in their supervisory approaches, the examples of good practices for firms set out in Annex 1 hereto. 10.    Although the good practices set out in Annex 1 hereto focus on structured products sold to retail investors, ESMA considers that they may also be a relevant reference for other types of financial in-struments (such as asset-backed securities, or contingent convertible bonds), as well as when financial instruments are being sold to professional clients. 11.    The exposure to risk is an intrinsic feature of investment products. The good practices set out in Annex 1 refer to product governance arrangements and do not (and cannot) aim at removing investment risk from products.
06/09/2019 ESMA22-961920 SMSG response to surve on Short Termism SMSG Advice PDF
243.34 KB
12/12/2019 ESMA22-106-2044 SMSG response to ESMA’s Consultation Paper on MAR review report SMSG Advice PDF
232.25 KB
22/01/2015 2015/SMSG/003 SMSG Response to ESMA’s Consultation Paper on Draft Regulatory Technical Standards on prospectus related issues under the Omnibus II Directive SMSG Advice PDF
286.08 KB
18/09/2015 2015/SMSG/023 SMSG reply to the ESAs_PRIIPS_Key information document PRIIPs_final SMSG Advice PDF
662.2 KB
07/07/2014 2014/SMSG/11 SMSG reply to ESMA DP on Market Abuse Regulation SMSG Advice PDF
209.54 KB
04/06/2014 2014/SMSG/30 SMSG reply to ESMA consultation on draft RTS for the transparency directive SMSG Advice PDF
160.14 KB
29/04/2014 2014/SMSG/14 SMSG reply to ESMA consultation on CRA3 Implementation SMSG Advice PDF
95.17 KB
14/06/2016 2016/SMSG/014 SMSG Position Paper on Supervisory Convergence SMSG Advice PDF
174.38 KB
05/05/2014 2014/SMSG/10 SMSG position paper on Crowdfunding SMSG Advice PDF
131.44 KB
07/07/2014 2014/SMSG/15 SMSG position paper on Alternative Performance Measures SMSG Advice PDF
145.69 KB
29/09/2015 2015/SMSG/025 SMSG Position Paper MAR SMSG Advice PDF
158.23 KB
23/03/2020 ESMA22-106-2149 SMSG own initiative report on measures relating to the Covid-19 crisis SMSG Advice PDF
182.56 KB
06/02/2016 2016/SMSG/006 SMSG Opinion Paper on PRIIPs Regulation – Performance Measures SMSG Advice PDF
101.82 KB
28/10/2019 ESMA22-106-1990 SMSG Opinion on ESMA's Report on performance and cost of retail investment products Opinion PDF
148.41 KB
31/10/2018 ESMA22-106-1296 SMSG Opinion on EC request to ESAs on cost and performance of retail investment, insurance and pension products Opinion PDF
152.91 KB
19/05/2015 2015/SMSG/017 PART III SMSG Contribution to the Green Paper on CMU- PART III SMSG Advice PDF
470.85 KB
19/05/2015 2015/SMSG/017 PART II SMSG Contribution to the Green Paper on CMU- PART II SMSG Advice PDF
384.44 KB
19/05/2015 2015/SMSG/017 PART I SMSG Contribution to the Green Paper on CMU- PART I SMSG Advice PDF
274.66 KB
04/04/2018 ESMA 22-106-897 SMSG comments on the Commission proposals regarding the operation of the ESAs’ Stakeholder Groups SMSG Advice PDF
120.92 KB

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