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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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18/04/2012 | 2012/256 | ESMA approves credit ratings from Argentina and Mexico for use in the EU | Credit Rating Agencies, Press Releases | Press Release | PDF 186.59 KB |
The European Securities and Markets Authority (ESMA) announces today that it considers the regulatory frameworks for credit rating agencies (CRAs) of Argentina and Mexico to be in line with European Union rules. Today’s announcement allows European financial institutions to continue using credit ratings issued in these countries for regulatory purposes after 30 April 2012.In order to facilitate regulatory information exchange, and as a precondition to endorsement, ESMA has entered into co-operation agreements for the supervision of CRAs with the national competent authorities of Argentina and Mexico. Ratings issued under the regulatory frameworks of Australia, Canada, Hong Kong, Japan, Singapore and the United States have already been approved for use in the EU. | |||
26/04/2012 | 2012/272 | ESMA identifies divergence in Member States’ use of sanctions under the Market Abuse Directive | Press Releases, Supervisory convergence | Press Release | PDF 179.91 KB |
The European Securities and Markets Authority (ESMA) has published a report on the use of administrative and criminal sanctions by European Union (EU) national regulators under the Market Abuse Directive (MAD). The report provides a comparison of the use of administrative sanctioning powers across 29 EEA Member States for 2008-2010. The results of the report will provide input to the legislative process on the new market abuse regime. | |||
27/04/2012 | 2012/274 | ESMA approves credit ratings from Brazil for use in the EU | Credit Rating Agencies, Press Releases | Press Release | PDF 182.58 KB |
ESMA considers the regulatory framework for credit rating agencies (CRAs) of Brazil to be in line with European Union rules. This allows European financial institutions to continue using credit ratings issued in Brazil for regulatory purposes after 30 April 2012. In order to facilitate the exchange of regulatory information, and as a precondition to endorsement, ESMA has also entered into a co-operation agreement for the supervision of CRAs with the Securities and Exchange Commission of Brazil (Comissão de Valores Mobiliários – CVM). | |||
24/05/2012 | 2012/330 | ESMA finds high level of consistency in EU national regulators’ practices for the approval of investment prospectuses | Press Releases, Supervisory convergence | Press Release | PDF 177.71 KB |
The European Securities and Markets Authority (ESMA) has published today “Prospectus Directive – Good Practices in the approval process“, a peer review report on the application of regulatory good practices by national supervisory authorities - competent authorities (CA) when approving investment prospectuses.The review was conducted using good practice criteria that ESMA developed on selected areas of the Prospectus Directive dealing with the approval process for investment prospectuses. The prospectuses provide investors with easy to understand and relevant information on investment products. Peer review reports on national regulators’ procedures contribute to ESMA’s objective of fostering supervisory convergence and achieving a level playing field between jurisdictions. | |||
25/06/2012 | 2012/402 | ESMA publishes its first Annual Report | Press Releases | Press Release | PDF 172.45 KB |
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25/06/2012 | 2012/403 | ESMA proposes rules on derivatives, central counterparties and trade repositories | Press Releases | Press Release | PDF 185.22 KB |
The European Securities and Markets Authority (ESMA) has launched a consultation on its technical standards under the Regulation on OTC derivatives, central counterparties and trade repositories (EMIR), which is aimed at improving the functioning of OTC derivatives markets in the European Union (EU). EMIR aims to achieve this by reducing risks via the use of central clearing and risk mitigation techniques, increasing transparency via trade repositories (TR) and ensuring sound and resilient central counterparties (CCPs). | |||
06/07/2012 | 2012/424 | ESMA publishes MiFID guidelines to enhance investor protection | MiFID - Investor Protection, Press Releases | Press Release | PDF 118.08 KB |
The European Securities and Markets Authority (ESMA) has today published two final sets of guidelines aimed at enhancing the protection of investors in the EU. The guidelines relate to the provisions under the Markets in Financial Instruments Directive (MiFID) relating to the suitability of investment advice and the compliance function. | |||
30/01/2012 | 2012/43 | ESMA outlines future regulatory framework for ETFs and other UCITS issues | Fund Management, Press Releases | Press Release | PDF 146.49 KB |
ESMA publishes today a consultation paper (ESMA/2012/44) setting out future guidelines on UCITS Exchange-Traded Funds (UCITS ETFs) and other UCITS-related issues. The proposals cover both synthetic and physical UCITS ETFs and detail the obligations to come for UCITS ETFs, index-tracking UCITS, efficient portfolio management techniques, total return swaps and strategy indices for UCITS. ESMA’s proposals therefore go wider than ETFs and cover such areas as the use of total return swaps by any UCITS, for which ESMA envisages additional obligations with respect to the collateral to be provided, or UCITS investing in strategy indices, where the requirements on eligibility of such indices have been tightened. The proposals also include placing an obligation on UCITS ETFs to use an identifier and facili-tating the ability of investors to redeem their shares, whether in the secondary market or directly with the ETF provider. | |||
28/06/2012 | 2012/441 | ESMA proposes remuneration guidelines for alternative investment fund managers | Fund Management, Press Releases | Press Release | PDF 183.45 KB |
The European Securities and Markets Authority (ESMA) has published today a consultation paper on proposed Guidelines on remuneration of alternative investment fund managers (AIFMs). ESMA’s future guidelines will apply to managers managing alternative investment funds (AIFs) including hedge funds, private equity funds and real estate funds. These funds will be asked to introduce sound and prudent remuneration policies and structures with the aim of increasing investor protection and avoiding conflicts of interest that may lead to excessive risk taking. | |||
25/07/2012 | 2012/475 | ESMA publishes ETF guidelines and consults on repo arrangements | Fund Management, Press Releases | Press Release | PDF 119.34 KB |
The European Securities and Markets Authority (ESMA) has today published guidelines on Exchange-Traded Funds (ETFs) and other UCITS issues. These guidelines will apply to national securities markets regulators and UCITS management companies.ESMA is also seeking views on the appropriate treatment of repo and reverse repo arrangements in the context of the guidelines on ETFs and other UCITS issues. | |||
17/09/2012 | 2012/581 | ESMA proposes remuneration guidelines for firms providing investment services | MiFID - Investor Protection, Press Releases | Press Release | PDF 130.32 KB |
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17/09/2012 | 2012/582 | ESMA consults on market maker and primary dealer exemption for short selling | Short Selling, Press Releases | Press Release | PDF 113.92 KB |
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27/09/2012 | 2012/606 | ESMA defines standards for derivatives and CCPs | Press Releases | Press Release | PDF 153.58 KB |
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12/11/2012 | 2012/730 | ESMA announces enforcement priorities for 2012 financial statements | IFRS Supervisory Convergence, Press Releases | Press Release | PDF 164.68 KB |
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03/12/2012 | 2012/798 | EU and Swiss regulators to co-operate on cross-border supervision of alternative investment funds | Fund Management, Press Releases | Press Release | PDF 319.88 KB |
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04/12/2012 | 2012/801 | ESMA finalises guidelines on repo arrangements for UCITS funds | Fund Management, Press Releases | Press Release | PDF 105.28 KB |
Date: 04 December 2012ESMA/2012/801PRESS RELEASEESMA finalises guidelines on repo arrangements for UCITS fundsThe European Securities and Markets Authority (ESMA) has today published its final guidelines on repurchase and reverse repurchase agreements for UCITS funds. The guidelines state that UCITS should only enter into such agreements if they are able to recall at any time any assets or the full amount of cash.Key elements of the guidelines are:• For repurchase arrangements, UCITS should be able to recall at any time the assets subject to such arrangements; • For reverse repurchase agreements, UCITS should be able to recall at any time the full amount of cash on either an accrued or a mark-to-market basis. However, when cash is recalled on a mark-to-market basis, the mark-to-market value of the reverse repurchase agreements should be used for the calculation of the net asset value of the UCITS; and• ESMA considers fixed-term repurchase and reverse repurchase agreements that do not exceed seven days as arrangements that allow the assets to be recalled at any time by the UCITS.The guidelines will now be translated into all EU languages and will be incorporated into ESMA’s Guidelines on ETFs and other UCITS issues, published in July 2012. The full set of guidelines will enter into force two months after the publication of the translations. This will result in a comprehensive framework for UCITS that will increase transparency and investor protection and contributes to safeguarding the stability of financial markets. Notes for editors1. ESMA is an independent EU Authority that was established on 1 January 2011 and works closely with the other European Supervisory Authorities responsible for banking (EBA), and insurance and occupational pensions (EIOPA), and the European Systemic Risk Board (ESRB).2. ESMA’s mission is to enhance the protection of investors and promote stable and well-functioning financial markets in the European Union (EU). As an independent institution, ESMA achieves this aim by building a single rule book for EU financial markets and ensuring its consistent application across the EU. ESMA contributes to the regulation of financial services firms with a pan-European reach, either through direct supervision or through the active co-ordination of national supervisory activity.Further information:David CliffeSenior Communications Officer Tel: +33 (0)1 58 36 43 24 Mob: +33 6 42 48 29 06Email: press@esma.europa.eu | |||
20/12/2012 | 2012/847 | ESMA consults on guidelines for CCPs’ interoperability arrangements | Press Releases | Press Release | PDF 108.99 KB |
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19/12/2012 | 2012/848 | ESMA clarifies rules for alternative investment funds and their managers | Fund Management, Press Releases | Press Release | PDF 110.38 KB |
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20/12/2012 | 2012/854 | ESMA issues statement on forbearance practices | Corporate Disclosure, IFRS Supervisory Convergence, Press Releases | Press Release | PDF 117.17 KB |
ESMA issues statement on forbearance practicesThe European Securities and Markets Authority (ESMA) has issued a Public Statement on the Treatment of Forbearance Practices in IFRS Financial Statements of Financial Institutions. The statement deals with the definition of forbearance practices, their impact on the impairment of financial assets and the specific disclosures relating to forbearance activities that listed financial institutions should include in their IFRS financial statements for the year ending 31 December 2012.The statement results from ESMA’s concerns that a lack of consistency amongst issuers in this area raises issues over the transparency and accuracy of their financial statements. ESMA believes that the consistent application of IFRS principles promotes comparability among listed financial institutions’ financial statements.This forms part of broader work on forbearance practices undertaken by regulators, including the European Banking Authority (EBA) and the European Systemic Risk Board (ESRB), who are examining the issue in the context of prudential reporting and macro-economic risks respectively.Steven Maijoor, ESMA Chair said:“ESMA and national authorities have become concerned at the lack of clarity in financial issuers’ financial statements regarding their treatment of forbearance-related practices, and the potential impact this might have on issuer’s financial performance and position, with consequences for investors and markets.“We have seen the impact of an inadequate approach to forbearance and impairment in previous financial crises and our aim is to avoid a similar situation developing here in the EU. We believe that by promoting an appropriate and consistent approach to the definition of forbearance, measurement of impairment and related disclosures, investors can be confident that issuers’ financial statements accurately reflect credit risk exposures and the credit quality of their financial assets.”“A uniformly consistent approach on this issue in the EU will contribute to the proper functioning of financial markets, the maintenance of financial stability in the European Union and improved investor protection.”Forbearance and objective evidence of impairmentForbearance occurs when the borrower is considered to be unable to meet the terms and conditions of the contract due to financial difficulties and ,based on these difficulties, it decides to modify the terms and conditions of the contract to allow the borrower sufficient ability to service the debt or refinance. Therefore, forbearance measures constitute objective evidence of impairment under IFRS.Forbearance and asset impairmentAs forbearance measures are extended due to the financial difficulties of the borrower, ESMA expects that issuers would have when assessing the impairment of those loans:• identified whether a loss event has had an impact on the estimated future cash flows;• based impairment calculations on the estimated future cash flows and not the contractual cash flows; and• applied a heightened level of scepticism when estimating the future cash flows, as well as other parameters used. Required disclosures in the year-end IFRS financial statementsThe disclosures to be provided by financial institutions, regarding their forbearance practices in their annual IFRS financial statements, should include the following qualitative aspects:• details of the types of forbearance practices undertaken during the reporting period;• description of the risks related to the forbearance practices undertaken, and how these risks are managed and monitored for internal management purposes;• accounting policies applied in respect of the forborn assets; and• description of any changes in these aspects from the prior period.The issuers should also provide quantitative disclosures in order to enable users to evaluate the impact of forbearance measures on the credit risk profile of their loan portfolios and their financial position and performance. ESMA expects such quantitative disclosures to be included in the 2012 financial statements as far as possible, and in any event they should be implemented and reflected in 2013’s annual financial statements.Next StepsESMA, together with EU national competent authorities, will continue to monitor the level of transparency that issuers provide in their financial statements on forbearance related measures and their impact on impairment, and will consider whether further action is required. The statement complements ESMA’s common enforcement priorities for the 2012 year-end IFRS financial statements which were published in November 2012. |
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20/12/2012 | 2012/860 | ESMA proposes guidelines on the scope of the CRA Regulation | Credit Rating Agencies, Press Releases | Press Release | PDF 109.79 KB |
ESMA proposes guidelines on the scope of the CRA Regulation The European Securities and Markets Authority (ESMA) has launched a Consultation Paper on Guidelines and Recommendations on the scope of the CRA Regulation. The draft Guidelines aim to provide clarification on certain aspects of the scope of the Credit Rating Agencies (CRA) Regulation to registered CRAs, other market participants operating on the perimeter of this sector and to national securities markets regulators.The draft Guidelines focus on a number of areas under the CRA Regulation, which ESMA believes require clarification following its experience of the registration process and the enforcement of the perimeter of the CRA Regulation under the new EU supervisory regime. The Guidelines will contribute to a consistent approach to the application of the CRA Regulation and ensure a level-playing field for all market participants in this industry.ESMA would like to remind market participants that issuing credit ratings in the EU is a regulated activity. Market participants conducting rating activities within the scope of the CRA Regulation must apply for registration with ESMA, and that carrying on these activities without registration constitutes an infringement of the CRA Regulation and is subject to administrative sanctions, including fines.The draft Guidelines address the following issues:• Obligation to register;• Credit rating activities and exemptions from registration;• Private Ratings;• Establishment of branches outside the EU by registered CRAs;• Specific disclosure best practices – credit scoring firms and export credit agencies; and• Enforcement of the scope of the CRA RegulationThe closing date for responses is 20 February 2013 and an open hearing on the consultation will take place in Paris on 22 January 2013. |