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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|31/07/2014||2014/944||Potential Risks Associated with Investing in Contingent Convertible Instruments||Warnings and publications for investors, Innovation and Products||Statement||PDF
|The European Securities and Markets Authority (ESMA) is issuing this statement to clarify to institutional investors risks from a newly emerging asset class referred to by most market participants as contingent convertibles instruments (CoCos). If they work as intended in a crisis CoCos will play an important role to inhibit risk transfer from debt holders to taxpayers. They along with standards to improve the quality and quantity of bank capital reflect a considerate response to the former regulatory capital framework. However, it is unclear as to whether investors fully consider the risks of CoCos and correctly factor those risks into their valuation. ESMA believes there are specific risks to CoCos and that investors should take those risks into consideration prior to investing in these instruments.|
|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
|12/07/2019||ESMA70-156-1436||Public Statement MiFIR DTO||MiFID - Secondary Markets, Post Trading||Statement||PDF
|17/12/2021||ESMA70-156-5153||Public Statement on Buy-in||Post Trading||Statement||PDF
|31/10/2018||ESMA70-151-1773||Public Statement on CO and TO for intragroup as well as Cat 4||Post Trading||Statement||PDF
|27/03/2020||ESMA31-67-742||Public statement on publication deadlines under the Transparency Directive||COVID-19, Transparency||Statement||PDF
|28/03/2019||ESMA70-151-2181||Public statement on Refit implementation of CO regime for FCs and NFCs||Post Trading||Statement||PDF
|31/01/2019||ESMA70-151-2050||Public Statement on Refit implementation timing issues||Post Trading||Statement||PDF
|21/07/2021||ESMA35-43-2748||Public statement- Results of the 2020 Common Supervisory Action (CSA) on MiFID II suitability requirements||MiFID - Investor Protection||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
|28/02/2022||ESMA70-1861941480-52||Q&A on EMIR implementation||Post Trading, Trade Repositories||Q&A||PDF
|29/04/2016||2016/665||Q&A on ESMA’s EU-wide stress tests for CCPs||Post Trading||Q&A||PDF
|23/06/2022||ESMA70-145-114||Q&A on the Benchmarks Regulation (BMR)||Benchmarks, Supervisory convergence||Q&A||PDF
|20/05/2022||ESMA35-42-1088||Q&A on the European crowdfunding service providers for business Regulation||Crowdfunding||Q&A||PDF
|31/03/2017||ESMA35-36-794||Q&A Relating to the provision of CFDs and other speculative products to retail investors under MiFID||MiFID - Investor Protection||Q&A||PDF
|19/11/2021||ESMA35-43-349||Q&As on MiFID II and MiFIR investor protection topics||MiFID - Investor Protection, Supervisory convergence||Q&A||PDF
|04/08/2022||ESMA70-156-4448||Q&As- Central Securities Depositories Regulation||Post Trading, Supervisory convergence||Q&A||PDF
|03/11/2020||ESMA71-99-1423||QA Fast Track Peer Review- Wirecard||Corporate Disclosure, Guidelines and Technical standards, Supervisory convergence||Q&A||PDF
|19/07/2022||ESMA74-362-893||QAs on SFTR data reporting||Post Trading, Securities Financing Transactions, Trade Repositories||Q&A||PDF
|09/11/2020||ESMA31-67-127||Question and answers on Transparency Directive (TD)||Brexit, Corporate Disclosure, Corporate Finance, Supervisory convergence, Transparency||Q&A||PDF