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|07/02/2014||2014/152||ESMA tells firms to improve their selling practices for complex financial products||MiFID - Investor Protection, Warnings and publications for investors||Press Release||PDF
|The European Securities and Markets Authority (ESMA) has published an Opinion on practices to be observed by investment firms when selling complex financial products to investors. ESMA is issuing this opinion to remind national supervisors and investment firms about the importance of requirements governing selling practices under MiFID (Markets in Financial Instruments Directive).ESMA is issuing this Opinion as it is concerned that firms’ compliance with the MiFID selling practices when selling complex products may have fallen short of expected standards. The concerns relate mainly to the suitability and appropriateness of complex products that are increasingly within the grasp of retail investors. The Opinion sets out ESMA’s minimum expectations with respect to the conduct of firms when selling complex products to retail investors.Steven Maijoor, ESMA Chair, said: “Investment firms increasingly sell complex financial products such as warrants, different types of structured bonds, derivatives and asset-backed securities, which were previously accessible mainly to professional investors, to retail investors.“ESMA is concerned that this trend greatly increases the risk that customers do not understand the risks, costs and expected returns of the products they are buying. Therefore, we believe that it is crucial that investment firms act responsibly and in the best interest of their clients.“The level of concern regarding the risk posed by these products to investor protection when MiFID rules are not fully respected is such that we have also issued an EU-wide warning to investors in order to raise awareness about the risks arising from investing in these types of complex products.” The marketing and sale of complex financial products, in particular to retail investors, is an important investor protection area where ESMA wants to ensure a consistent approach to the application of the MiFID conduct business rules - thereby improving supervisory convergence.The areas covered by the Opinion relate to: firms’ organisation and internal controls; the assessment of the suitability or appropriateness of certain products; disclosures and communications in relation to products; and compliance monitoring of the sales functions.|
|24/08/2018||ESMA71-99-1026||ESMA to renew prohibition on binary options for a further three months||MiFID - Investor Protection, Press Releases||Press Release||PDF
|18/02/2019||ESMA71-99-1057||ESMA to renew prohibition on binary options for a further three months||MiFID - Investor Protection||Press Release||PDF
|28/09/2018||ESMA71-99-1041||ESMA to renew restriction on CFDs for a further three months||MiFID - Investor Protection, Press Releases||Press Release||PDF
|01/06/2018||ESMA71-99-973||ESMA71-99-973 Press Release Product Intervention EUOJ publication||MiFID - Investor Protection, Press Releases, Warnings and publications for investors||Press Release||PDF
|09/12/2011||2011/431||Global regulators discuss OTC derivatives regulation||Press Releases, MiFID - Secondary Markets||Press Release||PDF
|Leaders and senior representatives of the authorities responsible for the regulation of the over-the-counter (OTC) derivatives markets in Canada, the European Union, Hong Kong, Japan, Singapore and the United Statesmet met yesterday in Paris.|
|07/10/2014||2014-1213||Guidelines compliance table for Guidelines on remuneration policies and practices (MiFID)||MiFID - Investor Protection||Compliance table||PDF
|14/08/2015||2015/1261||Guidelines compliance table- Guidelines on the application of definitions C6 and C7 under MiFID I||MiFID - Secondary Markets||Compliance table|
|29/11/2017||ESMA71-99-661||Peer Review on MiFID Compliance Function Press Release||MiFID - Investor Protection, Press Releases, Supervisory convergence||Press Release||PDF
|30/05/2018||ESMA71-99-987||PR on EBA-ESMA statement on retail holders of bail-inable instruments||MiFID - Investor Protection, Press Releases, Warnings and publications for investors||Press Release||PDF
|05/12/2019||ESMA71-99-1248||PR on MIFID II Review Report No. 1||MiFID - Secondary Markets, Press Releases||Press Release||PDF
|22/12/2015||2015/1872||Press Release Cross Selling Guidelines||MiFID - Investor Protection||Press Release||PDF
The European Securities and Markets Authority (ESMA) has published its Guidelines on Cross-Selling Practices under MiFID II (guidelines) to ensure investors are treated fairly when an investment firm offers two or more financial products or services as part of a package.
The guidelines include principles on:
The European Supervisory Authorities (ESAs) – EBA, EIOPA and ESMA - initially intended to issue joint guidelines covering all cross-selling practices taking place in the banking, insurance and securities sectors given that cross-selling is often cross-sectoral, and had consulted the stakeholders previously on this basis.
However, in light of legal concerns, the ESAs decided not to issue joint guidelines on cross-selling practices but agreed that ESMA should issue ESMA-only guidelines under MiFID II in order to meet its 3 January 2016 deadline.
While ESMA’s guidelines take into account the results of the ESAs’ joint consultation, the final report focuses on the feedback regarding cross-selling practices under MIFID II. Further, the guidelines are addressed to national regulators supervising the firms which provide MiFID services, when they engage in cross-selling practices.
The ESAs intend to inform the European Commission about the issues encountered and raise the possibility of legislative change to provide a foundation for future joint guidelines.
The guidelines will apply from 3 January 2017.
|18/07/2019||ESMA71-99-1199||Press Release for CRA sustainability||Credit Rating Agencies, Sustainable finance||Press Release||PDF
|02/05/2016||2016/566||Press release MiFID II RTS||Press Releases, MiFID - Secondary Markets||Press Release||PDF
|06/12/2017||ESMA50-164-1173||Press Release MiFID/MAR Transitional Transparency Calculations||Market Abuse, Market Integrity, MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC, Press Releases||Press Release||PDF
|02/05/2018||ESMA71-99-971||Press release on MiFID II bond transparency calculations||MiFID - Secondary Markets||Press Release||PDF
|18/12/2019||ESMA71- 1-99-119||Press release on undue short-termism||Sustainable finance||Press Release||PDF
|12/02/2018||ESMA71-99-946||Press release- ESAs warn consumers of risks in buying virtual currencies||MiFID - Investor Protection||Press Release||PDF
|27/03/2018||ESMA71-98-128||Press release- ESMA agrees to prohibit binary options and restrict CFDs to protect retail investors||MiFID - Investor Protection, Press Releases||Press Release||PDF
|19/12/2018||ESMA71-99-1085||Press release- ESMA consults on measures to promote sustainability in EU capital markets||Credit Rating Agencies, Fund Management, MiFID - Investor Protection||Press Release||PDF