The following have been published in the Official Journal of the EU: Commission Delegated Regulation (EU) 2016/960 of 17 May 2016 supplementing the Market Abuse Regulation (MAR) with regard to regulatory technical standards (RTS) for appropriate arrangements, systems and procedures for disclosing market participants conducting market soundings; Commission Implementing Regulation (EU) 2016/959 of 17 May … Continue Reading
The European Securities and Markets Authority (ESMA) has issued an opinion in response to a notification by the European Commission (the Commission) about intended changes to a draft Implementing Technical Standard (ITS) on the disclosure of inside information under the Market Abuse Regulation (MAR). On 28 September 2015, ESMA submitted draft ITS on the technical … Continue Reading
On 3 July 2016, the Market Abuse Regulation (No 596/2014) (MAR) will come into effect. National market abuse regulations will be replaced by the rules laid down in MAR. In order to provide guidance, the Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) has published two brochures both focusing on the regulatory framework … Continue Reading
The European Securities and Markets Authority (ESMA) has issued a Q&A regarding the implementation of the Market Abuse Regulation (MAR). The purpose of the Q&A is to promote supervisory convergence. At present the Q&A only contains one question and answer covering the topic of the prevention and detection of market abuse. It answers the following … Continue Reading
The European Securities and Markets Authority (ESMA) has issued a communication clarifying the reporting of reference data under the Market Abuse Regulation (MAR). ESMA states that following the agreed one year delay in application of both MiFID II and MiFIR certain provisions of MAR will also be delayed by a year. Specifically, the requirements set … Continue Reading
There has been published the Commission Delegated Regulation supplementing Market Abuse Regulation (MAR) with regard to regulatory technical standards (RTS) for the appropriate arrangements, systems and procedures for disclosing market participants conducting market soundings. The Delegated Regulation will enter into force on the day after its publication in the Official Journal of the EU and … Continue Reading
The European Securities and Markets Authority has published the responses received received to its consultation on draft guidelines on the Market Abuse Regulation. View ESMA publishes response to the consultation on MAR guidelines, 27 April 2016… Continue Reading
On 19 April 2016, the Dutch Minister of Finance published a further report (the Report) in relation to the legislative proposal implementing the Market Abuse Regulation (No 596/2014) and the Directive on criminal sanctions for market abuse (2014/57/EU) in Dutch legislation (the Proposal). The Report contains the advice from the Advisory Division of the Council … Continue Reading
On 19 April 2016, the Dutch Minister of Finance published a legislative proposal implementing the Market Abuse Regulation (No 596/2014) (MAR) and the Directive on criminal sanctions for market abuse (2014/57/EU) (MAD II) in the Netherlands. The Act implementing the market abuse regulation and directive (Wet implementatie verordening en richtlijn marktmisbruik, the Implementation Act) will … Continue Reading
The European Securities and Markets Authority (ESMA) has published its final report on the review of Article 26 of Delegated Regulation 153/2013 which contains regulatory technical standards (RTS) supplementing the European Markets Infrastructure Regulation that relate to central counterparties’ (CCPs) client accounts. The report summarises the answers received following the publication of the consultation paper … Continue Reading
There has been published in the Official Journal of the EU the European Commission Delegated Regulation (EU) 2016/522 supplementing the Market Abuse Regulation as regards an exemption for certain third countries’ public bodies and central banks, the indicators of market manipulation, the disclosure thresholds, the competent authority for notifications of delays, the permission for trading … Continue Reading
There has been published in the Official Journal of the EU the European Commission Implementing Regulation (EU) 2016/523 laying down implementing technical standards regarding the format and template for notification and public disclosure of managers’ transactions in accordance with the Market Abuse Regulation. The Implementing Regulation will apply from 3 July 2016. View Commission Implementing … Continue Reading
The European Securities and Markets Authority has updated its Questions and Answers (Q&A) document on the common operation of the Market Abuse Directive. The Q&A contains an updated question and answer on investment recommendation. View ESMA publishes updated Q&A on the Market Abuse Directive, 1 April 2016… Continue Reading
On 1 April 2016, the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published a news article to inform market participants that the European Market Abuse Regulation (No 596/2014) (MAR) will enter into force on 3 July 2016. As of 3 July 2016, most of the current Dutch market abuse rules as … Continue Reading
On 14 March 2016, we blogged that the Chair of the European Parliament’s Economic and Monetary Affairs Committee, Roberto Gualtieri, had written to the European Commission and the Council of the EU notifying them that the objection period for three Delegated Regulations supplementing the Market Abuse Regulation (MAR) had been extended to three months. The … Continue Reading
There has been published identical letters that Roberto Gualtieri (Chair, European Parliament Economic and Monetary Affairs Committee) has sent to Jonathan Hill (EU Commissioner for Financial Stability, Financial Services and Capital Markets Union) and Ambassador Pieter de Gooijer (Chairman of the Council of the EU’s Permanent Representatives Committee). The letters concern the following Commission Delegated … Continue Reading
There has been published in the Official Journal of the EU the European Commission Implementing Regulation laying down implementing technical standards regarding the timing, format and template of the submission of notifications to competent authorities under the Market Abuse Regulation. The Implementing Regulation applies from 3 July 2016. View Commission Implementing Regulation (EU) 2016/378 of … Continue Reading
There has been published in the Official Journal of the EU Commission Implementing Regulation (EU) 2016/347 of 10 March 2016 laying down implementing technical standards (ITS) with regard to the precise format of insider lists and for updating insider lists in accordance with the Market Abuse Regulation. The Implementing Regulation applies from 3 July 2016. … Continue Reading
Article 20(1) of the Market Abuse Regulation requires that persons who produce or disseminate investment recommendations or other information recommending or suggesting investment strategies should take reasonable care to ensure objective presentation and to disclose their interests or indicate conflicts of interest concerning the financial instruments to which that information relates. Article 20(3) of MAR … Continue Reading
Article 16(1) of the Market Abuse Regulation (MAR) requires market operators and investment firms that operate a trading venue to establish and maintain effective arrangements, systems and procedures for preventing and detecting market abuse and attempted market abuse. It also imposes the obligation on market operators and investment firms that operate a trading venue to … Continue Reading
The European Commission (the Commission) had adopted a Delegated Regulation supplementing the Market Abuse Regulation (MAR) with regard to regulatory technical standards relating to the conditions applicable to buy-back programmes and stabilisation measures. The Regulation will enter into force on the day following that of its publication in the Official Journal of the European Union. … Continue Reading
The European Commission has adopted a Delegated Regulation supplementing the Market Abuse Regulation (MAR) laying down regulatory technical standards (RTS) relating to: the extension of the exemption to certain public bodies and central banks of third countries from the obligations and prohibitions set out in MAR in carrying out monetary, exchange rate or public debt … Continue Reading
Article 4 of the Market Abuse Regulation (MAR) and Article 27 of the Markets in Financial Instruments Regulation (MiFIR) establish a requirement on the provision of instrument reference data to the Member State competent authorities. Such competent authorities should in turn provide this data to the European Securities and Markets Authority (ESMA) that will make … Continue Reading
The Norton Rose Fulbright LLP financial services team is pleased to present the first series of the 2016 MiFID II Academy webinars. In this new webinar series we will focus on issues related to the trading aspects of the Market Abuse Regulation (MAR) which will come into effect on 3 July 2016. Upcoming webinars include: … Continue Reading