ESMA LIBRARY
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| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 11/03/2013 | 2013/280 | Vacancy notice- Chair of Committee drafting a proxy advising industry Code of Conduct | Corporate Finance, Corporate Governance | Reference | PDF 102.91 KB |
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| 04/04/2016 | 2016/220 | ToR FISC | Innovation and Products | Reference | PDF 90.34 KB |
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| 07/04/2020 | ESMA50-157-2140 | ToR FISC | Innovation and Products | Reference | PDF 97.63 KB |
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| 11/02/2016 | 2016/211 | ToR CFSC | Corporate Finance | Reference | PDF 142.36 KB |
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| 04/04/2016 | 2016/218 | ToR Audit Working Group | Audit | Reference | PDF 113.35 KB |
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| 27/03/2014 | 2014/332 | Structured Retail Products- Good practices for product governance arrangements | MiFID - Investor Protection, Innovation and Products | 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. | |||
| 29/10/2015 | 2015/1615 | Steven Maijoor speech at ECN | Innovation and Products, Speeches | Speech | PDF 261.75 KB |
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| 19/09/2018 | ESMA71-99-1036 | Steven Maijoor Keynote New technologies within and beyond capital markets | Innovation and Products, Speeches | Speech | PDF 163.18 KB |
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| 23/01/2017 | ESMA71-844457584-330 | Speech by Patrick Armstrong- FinTech, Oslo Børs ASA Conference, 18 January 2017 | Innovation and Products, Speeches | Speech | PDF 181.84 KB |
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| 18/05/2017 | pkaspeech | Speech by Patrick Armstrong on The Adoption of RegTech within the Financial Services Industry | Innovation and Products | Speech | PDF 255.17 KB |
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| 12/07/2019 | ESMA50-164-2430 | Report on the Licensing of FinTech business models | Innovation and Products | Report | PDF 585.36 KB |
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| 29/10/2014 | 2014/1278 | Report on the equivalence of the Indian Accounting Standards | Corporate Disclosure, IAS Regulation | Final Report | PDF 1.7 MB |
This report fulfils the mandate received by the European Securities and Markets Authority (ESMA) from the European Commission (EC) in February 2014 to provide it with an update on the level of convergence of the Indian Accounting Standards (Ind-AS)1 towards International Financial Reporting Standards (IFRS) and the quality of application and enforcement of the Ind-AS, so that the EC can provide a progress report to the Council and the European Parliament (EP) in line with its obligations under Commission Regulation (EC) 1569/2007. |
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| 05/04/2017 | ESMA31-54-435 | Report on shareholder identification and communication systems | Corporate Finance, Corporate Governance | Report | PDF 1.09 MB |
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| 02/06/2016 | 2016/773 RF | Reply form for the Discussion Paper on the Distributed Ledger Technology Applied to Securities Markets | Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors | Reference | DOCX 755.79 KB |
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| 19/07/2017 | ESMA50-164-820 | Regulatory Technology: Reshaping the Supervisor-Market Participant Relationship | Innovation and Products, Speeches | Speech | PDF 251.54 KB |
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| 24/11/2016 | 2016/1613 | Regulation and DLT: Working to Strike the Right Balance | Innovation and Products, Speeches | Speech | PDF 164.72 KB |
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| 01/07/2015 | 2015/1005 | Questions and Answers: Investment-based crowdfunding: money laundering/terrorist financing | Innovation and Products | Q&A | PDF 157.73 KB |
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| 11/04/2019 | ESMA31-67-127 | Question and answers on Transparency Directive (TD) | Brexit, Corporate Disclosure, Corporate Finance, Supervisory convergence, Transparency | Q&A | PDF 352.79 KB |
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| 11/04/2019 | ESMA31-62-780 | Q&A on Prospectus Related Topics | Brexit, Corporate Disclosure, Corporate Finance, Corporate Governance, Corporate Information, Prospectus, Supervisory convergence | Q&A | PDF 957.9 KB |
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| 20/07/2011 | 2011/211 | Public statement- Retrospective Adjustments to Financial Statements Following Rejection Notes Published by the IFRS Interpretations Committee | Corporate Disclosure, IAS Regulation | Statement | PDF 29.57 KB |