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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
16/01/2018 ESMA22-106-788 Summary of Conclusions Joint BoS SMSG meeting 8 November 2017 Summary of Conclusions PDF
143.39 KB
04/12/2017 ESMA22-106-535 SMSG Report on Access to public capital markets for SMEs Report PDF
1.11 MB
01/12/2017 ESMA22-106-484 2018 SMSG application form , Reference DOCX
39.24 KB
01/12/2017 ESMA22-106-483 SMSG Expresssion of interest 30 November 2017 , Reference PDF
321.68 KB
17/11/2017 ESMA22-106-475 Summary of Conclusions SMSG meeting 21 September 2017 Summary of Conclusions PDF
206.1 KB
17/11/2017 ESMA22-106-474 SMSG Advice on Guidelines on certain aspects of the MiFID II suitability requirements SMSG Advice PDF
771.46 KB
13/11/2017 ESMA71-99-649 Press Release ICO Statements , , Press Release PDF
169.52 KB
13/11/2017 ESMA50-157-828 ESMA alerts firms involved in Initial Coin Offerings (ICOs) to the need to meet relevant regulatory requirements , Statement PDF
330.73 KB
13/11/2017 ESMA50-157-829 ESMA alerts investors to the high risks of Initial Coin Offerings (ICOs) , Statement PDF
444.01 KB
23/10/2017 ESMA22-106-407 SMSG Advice- Response to the Public Consultation on Prospectus Regulation Level 2 SMSG Advice PDF
165.79 KB
16/10/2017 ESMA22-106-135 Call for expression of interest- Academics and Financial Markets Participants , Reference PDF
320.76 KB
29/09/2017 ESMA71-99-602 ESMA appoints new chairs to Standing Committees , , , , , , , Statement PDF
143.69 KB
13/09/2017 ESMA22-106-349 SoC Joint BoS and SMSG meeting 6 July 2017 Summary of Conclusions PDF
131.13 KB
13/09/2017 ESMA22-106-348 SoC SMSG meeting on 6-7 July 2017 Summary of Conclusions PDF
200.62 KB
19/07/2017 ESMA50-164-820 Regulatory Technology: Reshaping the Supervisor-Market Participant Relationship , Speech PDF
251.54 KB
05/07/2017 ESMA22-106-295 Summary of Conclusions SMSG meeting 27 April 2017 Summary of Conclusions PDF
192.82 KB
28/06/2017 ESMA35-36-885 Product Intervention- General Statement , Statement PDF
123.04 KB

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[1] 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[2].

 

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[3].

26/06/2017 ESMA22-106-272 Joint Statement by BSG, IRSG, OPSG and SMSG on European Commission's Consultation on the operation of the ESAs Letter PDF
596.33 KB
22/06/2017 ESMA22-106-265 SMSG Advice- Securities lending Report SMSG Advice PDF
141.55 KB
22/06/2017 ESMA22-106-264 SMSG Advice- Own Initiative Report Product Intervention SMSG Advice PDF
1.08 MB