ESMA_QA_2889
10/07/2026
Subject Matter
Consulting activities to investors or undertakings
    What type of consulting activities are relevant for the purposes of the separation of business set out in Article 16(1)(a)?
    ESMA Answer
    10-07-2026

      The type of consulting activities that would require a separation of business vis-à-vis ESG rating activities encompass advisory services that may affect the independence and impartiality of ESG ratings issued and published or distributed by the ESG rating provider.  

      For example, helping clients improve their ESG rating by advising on sustainability disclosures, KPIs or sustainability strategies. 

      At the same time, advisory activities distant to ESG ratings should not be regarded as a service justifying a legal separation from ESG rating activities in the context of Article 16(1)(a). For instance, tax and accounting advisory, such as recommending tax-efficient structures.

      Status: Answer Published

      Additional Information

      Level 1 Regulation
      ESGR - Regulation (EU) 2024/3005
      Topic
      Separation of business and activities