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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|18/01/2016||2016/34||ESMA CL to EFRAG on IFRS IC DI Uncertain tax positions||IAS Regulation||Letter||PDF
|08/10/2015||2015/1517||ESMA CL to EFRAG re IASB ED Amedments to IAS 19 and IFRIC 14||IAS Regulation||Letter||PDF
|08/10/2015||2015/1519||ESMA CL to EFRAG re IASB ED Clarifications to IFRS 15||IAS Regulation||Letter||PDF
|08/10/2015||2015/1521||ESMA CL to EFRAG re IASB ED Effective date of amedments to IFR...||IAS Regulation||Letter||PDF
|18/01/2016||2016/36||ESMA CL to the Draft Interpretation Foreign Currency||IAS Regulation||Letter||PDF
|02/12/2015||2015/1740||ESMA CL to the IASB Agenda consultation||IAS Regulation||Letter||PDF
|08/10/2015||2015/1516||ESMA CL to the IASB ED Amedments to IAS 19 and IFRIC 14||IAS Regulation||Letter||PDF
|08/10/2015||2015/1518||ESMA CL to the IASB ED Clarifications to IFRS 15||IAS Regulation||Letter||PDF
|08/10/2015||2015/1520||ESMA CL to the IASB ED Effective date of amedments to IFRS 10 and IAS 28||IAS Regulation||Letter||PDF
|18/01/2016||2016/35||ESMA CL to the IFRS IC DI Uncertain tax positions||IAS Regulation||Letter||PDF
|18/11/2015||2015/1733||ESMA CL- ED Conceptual Framework and Update of References||Corporate Disclosure, IAS Regulation||Letter||PDF
|12/11/2013||2013/1645||ESMA clarifies shareholder cooperation in takeover situations||Corporate Disclosure, Corporate Governance, Press Releases||Press Release||PDF
|ESMA clarifies shareholder cooperation in takeover situations 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. Steven Maijoor, ESMA Chair, said: “Today’s statement means that shareholders can now be confident that they can expect authorities to take a consistent approach across the EEA to their cooperative activities. This consistency should in turn provide the reassurance needed by shareholders for the effective, sustainable engagement that is one of the cornerstones of listed companies’ corporate governance model allowing them to hold their boards to account. “ESMA believes that ensuring a consistent and convergent supervisory approach to this issue will be instrumental in affording equality of treatment to shareholders and investors across the EEA.” National competent authorities will have regard to the White List when determining whether shareholders are persons acting in concert under national takeover rules, but will also take into account all other relevant factors in making their decisions. Shareholder cooperation and acting in concert - The White List When shareholders cooperate to engage in any of the activities listed below, that cooperation will not, in and of itself, lead to a conclusion that the shareholders are acting in concert: 1. entering into discussions with each other about possible matters to be raised with the company’s board; 2. making representations to the company’s board about company policies, practices or particular actions that the company might consider taking; 3. other than in relation to the appointment of board members, exercising shareholders’ statutory rights; 4. other than in relation to a resolution for the appointment of board members and insofar as such a resolution is provided for under national company law, agreeing to vote the same way on a particular resolution put to a general meeting. If shareholders cooperate in an activity not included on the White List, this will also not result in an automatic assumption that they are acting in concert. Each case will be determined on its own particular facts. Cooperation in relation to the appointment of members of the board of a company The White List does not include any activity relating to cooperation on board appointments, due to differences in Member State approaches towards determining whether shareholders who cooperate in relation to board appointments are acting in concert. However, shareholders may wish to cooperate in order to secure board members’ appointment in a company in which they have invested. This cooperation might take the form of: 1. entering into an agreement or arrangement (informal or formal) to exercise their votes in the same way in order to support the appointment of one or more board members; 2. tabling a resolution to remove one or more board members and replace them with one or more new board members; or 3. tabling a resolution to appoint one or more additional board members. The statement therefore indicates which factors may be considered when assessing whether such cooperation is indeed an act of acting in concert. ESMA will keep the public statement under review in order to ensure that it continues to reflect accurately the practices and application of the TBD in the Member States. 2013/1642 Public Statement - Information on shareholder cooperation and acting in concert under the Takeover Bids Directive. 2013/1643 Cover Note to the Public Statement|
|22/11/2011||2011/219||ESMA comment letter on the EU Commission Green Paper- The EU Corporate Governance Framework||Corporate Disclosure, Corporate Governance||Letter||PDF
|05/11/2013||2013/1554||ESMA Comment Letter to IFRS Interpretations Committee on application of IAS 34||IAS Regulation||Letter||PDF
|05/11/2013||2013/1552||ESMA Comment Letter to the IASB on the Exposure Draft Insurance Contracts||IAS Regulation||Letter||PDF
The European Securities and Markets Authority (ESMA) comments on the IASB’s due process with regards to the Exposure Draft (ED) Insurance Contracts with the aim of improving the transparency and decision-usefulness of financial statements and the enforceability of IFRS.
|05/11/2013||2013/1555||ESMA Comment Letter to the IFRS Interpretations Committee on application of IAS 1||IAS Regulation||Letter||PDF
|29/09/2016||2016/1407||ESMA consults on future rules for financial benchmarks||Benchmarks, Press Releases||Press Release||PDF
|15/02/2016||2016/291||ESMA consults on implementation of the Benchmarks Regulation||Market Integrity, Press Releases, Benchmarks||Press Release||PDF
The European Securities and Markets Authority (ESMA) has today published a Discussion Paper (DP) regarding the technical implementation of the incoming Benchmarks Regulation (BR). ESMA is seeking stakeholder’s input to inform its future proposals on draft Regulatory Technical Standards (RTS) and Technical Advice (TA) to the European Commission.
Benchmarks are used in financial markets as a reference to price financial instruments and to measure performance of investment funds, as well as being an important element of many financial contracts and their integrity is critical to financial markets and to investors in particular. The BR’s objective is to improve the governance and control over the benchmark process, thereby ensuring their reliability and protecting users. The changes aim to:
Steven Maijoor, ESMA Chair, said:
“The Benchmark Regulation, once implemented, will ensure the accuracy, robustness and integrity of benchmarks and the benchmark setting process by clarifying the behaviours and standards expected of administrators and contributors. These requirements will ensure that benchmarks are produced in a transparent and reliable manner and so contribute to well-functioning and stable markets, and investor protection.
“ESMA, in preparing for its work on regulatory technical standards and technical advice, is keen to ensure that all affected stakeholders have their views heard on this important topic and we hope that all interested parties will take this opportunity to contribute.”
The DP is seeking stakeholder’s feedback in the following areas:
The exact date when the Benchmarks Regulation will enter into force is still unknown as it has not yet been published in the Official Journal of the EU.
ESMA will hold an open hearing on the DP on 29 February 2016 in Paris. It will use the responses to its DP to develop detailed implementing measures on which it will publish a follow-up consultation in Q3 2016.
|10/11/2016||2016-1567||ESMA finalises advice on future rules for financial benchmarks||Benchmarks||Press Release||PDF
|15/02/2019||ESMA71-99-1115||ESMA IOSCO Statement on EDPB Opinion||Corporate Governance, International cooperation||Press Release||PDF