REFINE YOUR SEARCH
Type of document
|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|28/06/2017||ESMA35-36-885||Product Intervention- General Statement||Innovation and Products, MiFID - Investor Protection||Statement||PDF
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 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.
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.
 ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016
|25/11/2011||2011/397||Public statement on sovereign debt in IFRS financial statements||Corporate Disclosure, Corporate Governance, IFRS Supervisory Convergence, Press Releases||Statement||PDF
|09/11/2018||ESMA80-187-149||Public statement- Contingency plans of Credit Rating Agencies and Trade Repositories in the context of the United Kingdom withdrawing from the European Union||Brexit, Credit Rating Agencies, Trade Repositories||Statement||PDF
|18/12/2020||ESMA80-192-10053||Public Statement_Registration_DTCC Data Repository (Ireland) PLC under EMIR and SFTR||Securities Financing Transactions, Trade Repositories||Statement||PDF
|25/05/2016||2016/724||Requirements for reference data submission under Article 4 MAR||Market Abuse, Market Integrity||Statement||PDF
|09/11/2020||ESMA74-362-881||Statement Brexit EMIR and SFTR data||Brexit, Post Trading, Securities Financing Transactions||Statement||PDF
|15/07/2009||09-575||Statement on the application of and disclosures related to the reclassification of financial instruments||CESR Archive||Statement||PDF
|12/07/2022||ESMA74-362-2566||Third updated LEI statement SFTR||Market data, Post Trading, Securities Financing Transactions||Statement||PDF
|24/07/2012||2011/39||Update on measures adopted by competent authorities on short selling||CESR Archive||Statement||PDF
|This is the PDF version of the statement. Please also see the word version of the statement which contains all links to the measures curretly in place.|
|13/04/2021||ESMA74-362-1934||Updated LEI statement SFTR||Market data, Post Trading, Securities Financing Transactions||Statement||PDF
|24/10/2022||ESMA24-436-1425||Verena Ross Opening Statement- 2022 ECON Annual Hearing, 24 October 2022||Board of Supervisors, CCP Directorate, Corporate Information, Innovation and Products, MiFID - Investor Protection, Speeches, Supervisory convergence, Sustainable finance||Statement||PDF