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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
11/06/2013 2013/726 ESMA clarifies pay rules applicable to investment firms Press Release PDF
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19/06/2013 2013/797 Keynote Speech- ISLA 22nd Annual Conference, Prague- Steven Maijoor, ESMA Chair Speech PDF
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Keynote Speech - ISLA 22nd Annual International Securities Lending Conference  19 June 2013, Prague Speech by Steven Maijoor, Chair
27/06/2013 2013/826 Keynote Speech- FESE Convention 2013, Berlin- Steven Maijoor, ESMA Chair Speech PDF
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01/07/2013 2013/852 ESMA review finds good compliance with EU market abuse rules , , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published a peer review of the supervisory practices EEA national competent authorities (NCAs) apply in enforcing the requirements of the Market Abuse Directive (MAD).  The Directive deals with the prevention of the dissemination of misleading information, the breach of reporting obligations and market abuse.  
02/10/2013 2013/1394 BWF/ICMA Capital Markets Conference, Key note address by ESMA Chair, Steven Maijoor Speech PDF
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17/10/2013 2013/1486 International coordination of the regulation and supervision of OTC derivatives markets- American Bar Association, Fall Conference 2013, London- Steven Maijoor, ESMA Chair Speech PDF
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05/11/2013 2013/1582 ESMA–Issues and Priorities, EFAMA Management Forum, Brussels- Steven Maijoor ESMA Chair Speech PDF
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ESMA – Issues and Priorities EFAMA Management Forum, Brussels Steven Maijoor, European Securities and Markets Authority Chair
11/11/2013 2013/1637 Keynote Speech at Financial Reporting Outlook (Ernst & Young) Conference, London , Speech PDF
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Steven Maijoor, Chair of the European Securities and Markets Authority (ESMA), delivered the keynote speech at the Ernst & Young Financial Reporting Outlook Conference in London.

12/11/2013 2013/1645 ESMA clarifies shareholder cooperation in takeover situations , , Press Release PDF
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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
07/02/2014 2014/152 ESMA tells firms to improve their selling practices for complex financial products , Press Release PDF
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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.
25/02/2014 2014/224 Liquidity and new financial market regulation, European Market Liquidity Conference (AFME), London- Verena Ross, Executive Director Speech PDF
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27/03/2014 2014/334 ESMA issues good practices for structured retail product governance , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published an opinion on structured retail products, setting out good practices for firms when manufacturing and distributing these products.
28/03/2014 2014/337 Keynote speech at EuroFinUse Conference on the Better Finance Manifesto, Steven Maijoor ESMA Chair Speech PDF
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How to restore European household’s confidence in long term savings and investments Steven Maijoor, Chair of ESMA EuroFinUse Conference on The Better Finance Manifesto, Brussels Excerpt “Allow me to begin my thoughts by summarising the current situation of the European financial sector: The effects of the financial crisis and the subsequent EU sovereign debt problems still linger on. There are: expectations for further bank deleveraging, a reluctance in the private sector towards raising capital on equity and debt markets, and only slowly receding doubts among investors about the stability of financial markets. But the situation is improving: The progress on implementing the post-crisis regulatory reform agenda as well as addressing the sovereign-bank nexus are vital building blocks for fostering confidence in the markets. In addition, the recent economic stabilization – reflected by an expected growth rate of 1.5% for 2014 in the EU – is already starting to lift the spirits of entrepreneurs and their appetite to engage in additional investment. This newly revived appetite requires new funding, either intermediated by banks or from securities markets. As our banking systems are going through an important phase of transformation, markets and policy makers increasingly look to securities markets for fresh impulses. And I very much concur that we need to explore what funding opportunities we can develop through capital market financing.”
22/05/2014 2014/557 ESMA consults on MiFID reforms , , Press Release PDF
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The European Securities and Markets Authority (ESMA) has launched the consultation process for the implementation of the revised Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR). This is the first step in the process of translating the MiFID II/MiFIR requirements into practically applicable rules and regulations to address the effects of the financial crisis and to improve financial market transparency and strengthen investor protection.MiFID II/MiFIR introduces changes that will have a large impact on the EU’s financial markets, these include transparency requirements for a broader range of asset classes; the obligation to trade derivatives on-exchange; requirements on algorithmic and high-frequency-trading and new supervisory tools for commodity derivatives. It will also strengthen protection for retail investors through limits on the use of commissions; conditions for the provision of independent investment advice; stricter organisational requirements for product design and distribution; product intervention powers; and the disclosure of costs and charges.MiFID II/MiFIR contains over 100 requirements for ESMA to draft Regulatory Technical Standards (RTS) and Implementing Technical Standards (ITS), and to provide Technical Advice to the European Commission to allow it to adopt delegated acts. In order to ensure that MIFID II achieves its objectives in practice, ESMA is publishing the following documents:1.    Consultation Paper on MiFID/MiFIR Technical Advice – ESMA needs to deliver this advice to the European Commission by December 2014 and is therefore subject to a condensed consultation process for this paper; and2.    Discussion Paper on MiFID/MiFIR draft RTS/ITS – this will provide the basis for a further consultation paper on the draft RTS/ITS which is expected to be issued in late 2014/early 2015. The closing date for responses to both papers is Friday 1 August. Steven Maijoor, ESMA Chair, said:“The launch of today’s MiFID II/MiFIR consultation process is an important step in the biggest overhaul of financial markets regulation in the EU for a decade. The reform of MiFID is an integral part of the EU’s strategy to address the effects of the financial crisis and aims to bring greater transparency to markets and to strengthen investor protection. These changes are key to restoring trust in our financial markets.“We appreciate the magnitude of this exercise for stakeholders. We strongly encourage all those affected by these reforms to provide their views to ensure that we take them into account in our final proposals.”The main issues covered in the Discussion and Consultation Paper are divided into those addressing the structure, transparency and regulation of financial markets, and those aimed at strengthening investor protection.Financial Markets Structure, Transparency and RegulationThe main proposals in this area cover the following issues: enhanced transparency and trading obligations - increasing pre- and post-trade transparency for many categories of instruments, e.g. shares, ETFs, certificates, bonds and derivatives, limitations to trade shares OTC and new obligations to trade derivatives on trading venues; micro-structural issues – refining the definition of high frequency trading and direct electronic access and specifying the requirements for operating in the market using algorithmic techniques; data publication and access – issues related to the development of the consolidated tape including requirements for tape providers, approved publication arrangements and reporting mechanisms, and the definition of a reasonable commercial basis for data sales; and the access to CCPs,  trading venues and benchmarks; other organisational requirements for trading venues; and commodity derivatives – new regulatory tools, including position limits. Investor ProtectionThe main proposals relating to the improved protection of retail investors include technical advice on: inducements – new limitations on the receipt of commissions (inducements); independent advice – clearly distinguishing independent from non-independent advice; product governance – requirements on the manufacture and distribution of financial products including target market and risk identification; product intervention/banning - introducing powers for both ESMA and national regulators to prohibit or restrict the marketing and distribution of certain financial instruments; and improved information on costs and charges – requirements to provide clients with details of all charges related to their investment (relating to both the investment service and the financial instrument provided) so they can understand the overall cost and its effect on their investment’s return. In addition, the draft regulatory technical standards in the investor protection area relate to the authorisation of investment firms, passporting, and certain best execution obligations.Next StepsESMA will hold three public hearings about secondary markets, investor protection and commodity derivatives issues on Monday 7 and Tuesday 8 July. Further details on the hearings will be published on ESMA’s website. 2014/548 2014/549
05/06/2014 2014/607 Keynote Speech- Steven Maijoor, ESMA Chair at ICMA Annual Conference, Berlin Speech PDF
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Steven Maijoor, ESMA Chair, today delivered the keynote address at the International Capital Markets Association Annual General Meeting and Conference in Berlin. In the course of his speech he outlined the key elements needed to ensure the success of the EU's regulatory reform agenda: (excerpt) "1.    The EU single rule book for financial markets needs to be implemented and supervised. Implementing measures like technical standards are needed to ensure that the legislation works in practice and the rules need to be subject to credible supervision; and 2.    Supervisory convergence between the 28 EU member states is needed to ensure that the single rule book also results in a truly single EU financial market. Differences in supervision, and regulatory competition, will undermine the achievement of the objectives of stability and investor protection." While he specifically focused on the issues of financial inducements under MiFID II and collateral liquidity.
10/06/2014 2014/619 Keynote Speech- Steven Maijoor, ESMA Chair, at IBA Conference on the Globalisation of Investment Funds, Paris Speech PDF
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Steven Maijoor, ESMA Chair, delivered a keynote address to the International Bar Association's 25th Annual Conference on the Globalisation ofInvestment Funds in Paris. His speech focused on concentrated on potential financial stability risks linked to the phenomenon of "too big to fail" and the fund management industry and also on policy developments affecting the fund management industry. Excerpt "Addressing potential systemic risks in asset management will be an important part of our work going forward. As we develop our insights into the risks in the industry, it is clear that asset management has a specific profile that sets it apart from banking and other financial activities. This implies that the lens through which we see stability risks in banking and insurance, might not be the right one for asset management. Our proposal in this debate, therefore, is that in addition to looking at individual institutions, we must include in our analysis the very different types of activities of the asset management sector and their interdependence with systemic risks in the wider financial market."
15/10/2014 2014/1265 Keynote Speech- Steven Maijoor, ESMA Chair, at La Nueva Financiera Regulacion, Madrid Speech PDF
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Steven Maijoor, ESMA Chair, delivered a keynote speech at CNMV Conference La Nueva Financiera Regulacion in Madrid. His speech focused on the ESAs role in financial consumer protection:Exerpt "The three European Supervisory Authorities (ESAs) – the European Securities and Markets Authority (ESMA), the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA) – work on improving consumer protection by contributing to a higher degree of regulatory and supervisory convergence across EU financial markets and securing cross-border coordination. We do this primarily by enhancing investor protection when creating the single rulebook for EU financial markets, but also by more direct measures such as issuing EU-wide investor warnings.Indeed, ESMA plays a key role in the completion of EU financial markets legislation developed by the European Commission, the European Parliament and the Council of the European Union. Two legislative acts are currently high on our agenda in this respect – and I guess also high on the agenda of many people in the audience here today – that I must speak about them: PRIIPs and the MiFID review."
05/11/2014 2014/1333 Asset management – The regulatory challenges ahead- Steven Maijoor at EFAMA Investment Management Forum Speech PDF
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Steven Maijoor, ESMA Chair, delivered the keynote speech at EFAMA's Investment Management Forum in Brussels. His speech focused on the regulatory challenges ahead for the asset management sector. "It is very good to be back again at this important event. Before coming here today I had the chance to surf the EFAMA website and it struck me that your website is as overrun as ESMA’s website is with the many well-known European acronyms that have become part of our standard vocabulary in financial markets. This observation also made it clear to me that the topics that keep both our organisations busy are very similar. Given the current activities of ESMA, you probably expect me to structure my contribution according to these acronyms and inform you on all of our current regulatory work that is relevant for the asset management sector. However, I would like to start first with an economic perspective on asset management, but let me assure you that later in my contribution I will not disappoint you and will refer to AIFMD, MIFID, UCITS and PRIIPs."
06/11/2014 2014/1339 Capital Markets Union: building competitive, efficient capital markets trusted by investors , Speech PDF
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Steven Maijoor, ESMA Chair, spoke at the joint EU Commission/Italian Presidency Growth for Finance Conference in Brussels - " Excerpts "Following its launch by President Juncker in July 2014, the Capital Markets Union (CMU) is now a concept under construction and I am very happy to have been invited to contribute today to its development. When doing so, we should remember the clear objective from President Juncker who stated that the CMU should maximise the benefits of capital markets and non-bank financial institutions for the real economy. "Despite the many efforts of the past four decades, and the good results achieved, the EU capital market is still fragmented which limits its potential. For example, an institutional investor wanting to invest in a mid-sized company will still have a strong bias towards companies in its own Member-State. There are transactions not happening that otherwise would be beneficial both for the investor and the company because of this home bias. The reason for this stems from a complex set of barriers relating to such issues as transparency of Small and Medium-sized Entities (SMEs), differences in their governance and cross-border differences in the ownership of shares. In sum, we are only halfway there. While the EU capital market has integrated steadily in the past four decades it is not yet comparable with, for example, the US capital market. With a five year time-horizon in mind, what is needed to achieve a strong and integrated capital market to increase capital availability and to support economic growth in all 28 Member States? In my view, there are four main building blocks: (1) greater diversity in funding; (2) increasing the efficiency of capital markets; (3) strengthening and harmonisation of supervision; and (4) increasing the attractiveness of capital markets both for EU investors and for investors from outside the Union. "The CMU should be based on an accelerated integration of the capital markets of the 28 Member States. The end goal should be a CMU that is competitive, efficient and that provides a wide range of funding channels. Above all, it should be trusted by investors."
19/11/2014 2014/1382 Regulatory measures to prevent another crisis- speech by Steven Maijoor , Speech PDF
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Steven Maijoor, Chair of ESMA, gave the keynote speech at the "Regulatory measures to prevent another crisis?" event organised by the CFA Institute in Brussels, Belgium.