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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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26/10/2018 | ESMA32-63-503 | European common enforcement priorities for 2018 annual financial reports | Corporate Disclosure, IFRS Supervisory Convergence | Statement | PDF 489.61 KB |
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23/05/2018 | ESMA71-99-979 | ESMA appoints new chair to its Committee of Economic and Markets’ Analysis | Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors | Statement | PDF 209.05 KB |
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13/11/2017 | ESMA50-157-828 | ESMA alerts firms involved in Initial Coin Offerings (ICOs) to the need to meet relevant regulatory requirements | Innovation and Products, Warnings and publications for investors | Statement | PDF 330.73 KB |
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13/11/2017 | ESMA50-157-829 | ESMA alerts investors to the high risks of Initial Coin Offerings (ICOs) | Innovation and Products, Warnings and publications for investors | Statement | PDF 444.01 KB |
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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 287.62 KB |
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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 143.69 KB |
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06/07/2017 | ESMA71-99-522 | ESMA appoints new member to its Management Board | Corporate Information, Management Board | Statement | PDF 144.98 KB |
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28/06/2017 | ESMA35-36-885 | Product Intervention- General Statement | Innovation and Products, MiFID - Investor Protection | Statement | PDF 123.04 KB |
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[1] 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[2].
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[3]. [1] ESMA35-36-794 Q&A - Relating to the provision of CFDs and other speculative products to retail investors under MiFID published 31 March 2017 | [2] ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016 |
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07/03/2017 | ESMA50-1623096732-432x | Closing remarks Financial Innovation Day | Innovation and Products | Statement | PDF 152.27 KB |
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07/03/2017 | ESMA50-1623096732-432 | Opening remarks Financial Innovation Day | Innovation and Products | Statement | PDF 169.02 KB |
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10/11/2016 | 2016-1563 | Issues for consideration in implementing IFRS 9: Financial Instruments | Audit, Corporate Disclosure, IFRS Supervisory Convergence | Statement | PDF 256.22 KB |
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28/10/2016 | ESMA/2016/1528 | European common enforcement priorities for 2016 financial statements | Corporate Disclosure, Corporate Information, IFRS Supervisory Convergence | Statement | PDF 317.18 KB |
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01/07/2016 | 2016/1062 | Announcement Alternative Performance Measures Guidelines in force | Corporate Disclosure | Statement | PDF 119.56 KB |
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27/10/2015 | 2015/1609 | Public Statement- Improving Disclosures | Corporate Disclosure, IFRS Supervisory Convergence | Statement | PDF 169.77 KB |
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27/10/2015 | 2015/1608 | Public Statement- ECEP 2015 | Corporate Disclosure, IFRS Supervisory Convergence | Statement | PDF 210.15 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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28/10/2014 | 2014/1309 | Public Statement- European common enforcement priorities for 2014 financial statements | Corporate Disclosure, IFRS Supervisory Convergence | Statement | PDF 207.62 KB |
The European Securities and Markets Authority (‘ESMA’) issues this Public Statement which defines the European common enforcement priorities in order to promote consistent application of the International Financial Reporting Standards (‘IFRS’) as indicated in the ESMA Guidelines on enforcement of financial information.As in the previous years, ESMA, together with European national enforcers, identified financial reporting topics which, listed companies and their auditors should particularly consider when preparing and auditing, respectively, the IFRS financial statements for the year ending 31 December 2014. In addition to these common priorities, national enforcers might also set additional enforcement priorities focusing on other relevant topics.ESMA, together with the European national enforcers, will pay particular attention to these common enforcement priorities as well as priorities identified in previous years, when monitoring and assessing the application of all relevant IFRS requirements. National enforcers will continue to focus on material issues in the financial statements that are relevant for an individual issuer under examination. On the basis of examinations performed, national enforcers will take corrective actions whenever material misstatements are identified. ESMA will report on findings regarding these priorities in its Report on the 2015 enforce-ment activities. |
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31/07/2014 | 2014/944 | Potential Risks Associated with Investing in Contingent Convertible Instruments | Warnings and publications for investors, Innovation and Products | Statement | PDF 106.1 KB |
The European Securities and Markets Authority (ESMA) is issuing this statement to clarify to institutional investors risks from a newly emerging asset class referred to by most market participants as contingent convertibles instruments (CoCos). If they work as intended in a crisis CoCos will play an important role to inhibit risk transfer from debt holders to taxpayers. They along with standards to improve the quality and quantity of bank capital reflect a considerate response to the former regulatory capital framework. However, it is unclear as to whether investors fully consider the risks of CoCos and correctly factor those risks into their valuation. ESMA believes there are specific risks to CoCos and that investors should take those risks into consideration prior to investing in these instruments. | |||
12/11/2013 | 2013/1642 | Information on shareholder cooperation and acting in concert under the Takeover Bids Directive | Corporate Disclosure, Corporate Governance | Statement | PDF 321.63 KB |
The European Securities and Markets Authority (ESMA) has published a 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 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. | |||
11/11/2013 | 2013/1634 | European common enforcement priorities for 2013 financial statements | Corporate Disclosure, IFRS Supervisory Convergence | Statement | PDF 152.24 KB |
The European Securities and Markets Authority (ESMA) has published its European Common Enforcement Priorities (Priorities) for 2013. These Priorities are to be used by European Economic Area (EEA) national authorities in their assessment of listed companies’ 2013 financial statements. ESMA has defined these Priorities in order to promote the consistent application of IFRS across the EEA. Listed companies and their auditors should take account of the areas set out in the Priorities when preparing and auditing the IFRS financial statements for the year ending 31 December 2013. The Priorities identified refer to the application of IFRS in relation to: • Impairment of non-financial assets; • Measurement and disclosure of post-employment benefit obligations; • Fair value measurement and disclosure; • Disclosures related to significant accounting policies, judgements and estimates; and • Measurement of financial instruments and disclosure of related risks. |