ESMA consults on MAR review

Market Abuse
03/10/2019

The European Securities and Markets Authority (ESMA) has published today a consultation paper on the provisions of the Market Abuse Regulation (MAR) as requested by the European Commission. 

The consultation paper includes proposals affecting the investor community as a whole, but which are particularly relevant for issuers of financial instruments admitted to trading or traded on a trading venue and their management, investment firms and asset management companies.

The consultation paper addresses a wide range of issues, including:

  • the possible inclusion of spot FX contracts within the scope of MAR;
  • the definition and delayed disclosure of inside information in different cases;
  • the appropriateness of the trading prohibition and insider lists for persons discharging managerial responsibilities (PDMRs);
  • a possible cross-market order book surveillance framework;
  • cum/ex and multiple withholding tax reclaim schemes; and
  • cross-border enforcement of sanctions.

​Next steps

Stakeholders are invited to provide feedback on the consultation before 29 November 2019. An open hearing on this Consultation Paper will take place in ESMA’s premises on 5 November.

ESMA, based on the responses received to this consultation, intends to submit a final report to the Commission by spring 2020.

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