Latest publications and news

 

NSA responded to the ESA review

Posted on May 16, 2017

Today NSA responded to the ESA review,
see the response here.

Response regarding ESMA’s Consultation Paper - draft guidelines on the Market Abuse Regulation

Posted on March 31, 2016

Key points

It is important that the implementation of the Market Abuse Regulation (MAR) is done in a way that prevents any form of market abuse but care must be taken to ensure that the functioning of the securities markets in the European Union is not hampered.

Generally we find that the suggested documentation and assessments required by MSR’s on daily activities are too extensive and burdensome in comparison with the potential benefits in the event that a case of market abuse arises and is to be investigated by the authorities.

It is important that ESMA provides further guidance in relation to when the disclosure obligation occurs. We especially se merit in ESMA commenting on and taking into account the concept of the two fold notion, where it is generally accepted that inside information can be used for insider trading before an issuer has an obligation to disclose this information following article 17, e.g. when the inside information may not be sufficiently precise.

Key points on STS securitisation

Posted on March 18, 2016

As a part of the CMU, the Commission has proposed two regulations on securitisation:

  1. A Securitisation Regulation, including a newframework for simple, transparent and standardised (STS) securitisations
  2. An amendment to the Capital Requirements Regulation (CRR) which includes a more risk-sensitive capital treatment of STS securitisations as well as certain senior positions in synthetic SME securitisations (art. 270)

The aim of the legislative initiative is to revive securitisation markets in the EU, which have been subdued since the subprime crisis unlike American securitisation markets which have recovered. However, as pointed out by numerous public and private bodies, the losses from European securitisations were much lower than those from US securitisations.

At the same time, the Basel Committee on Banking Supervision (BCBS) and the International Organization of Securities Commissions (IOSCO) are working on a framework for simple, transparent and comparable (STC) securitisation. Although similar to the STS proposal from the EU, there are certain key differences in the STC framework, for example regarding the eligibility of ACBP and synthetic securitisations. It is likely that the EU STS framework will be finalized and enter into force before the BCBS STC framework.

Capital Markets Union (CMU)

Posted on March 18, 2016

The Nordic Securities Association (NSA) supports the Commission’s plan to build a European Capital Markets Union (CMU). The Action Plan published in September 2015 reveals an ambitious plan with several important ideas; SMEs’ access to capital markets financing is eased, and barriers hampering cross-border investments within EU will be removed. These actions are necessary in order to strengthen Europe’s economy, stimulate growth, and create jobs.

CMU – an impact assessment (call for evidence and Better Regulation)

Posted on March 18, 2016

On 30 September 2015, the Commission requested input from the financial sector on the overall financial legislation under the title “Call for evidence: EU regulatory framework for financial services”. This consultation is part of the CMU Action Plan.

The consultation is closely related to the Better Regulation agenda published by the Commission on May 19th 2015. Although not a part of the CMU, the Better Regulation agenda ultimately seeks to promote growth and jobs in Europe. On December 15th 2015, the Commission endorsed a draft Inter-Institutional Agreement (IIA) on better law-making with the Council and the European Parliament. The IIA is currently awaiting final approval.

 

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