ESMA Requires Enhanced Supervisory Role and Tools for Harmonizing E.U. and Third-Country Regulations

Part of the mandate for the European Securities and Markets Authority (ESMA) is to achieve harmony across the myriad regulatory regimes of E.U. member states and ensure that cross-border transactions and services run smoothly. To perform this task, ESMA needs the tools and authority to ensure that data and reporting meet certain standards and that no individual country adopts practices and policies radically out of line with E.U. best practices. In the meantime, yet another E.U. regulatory scheme is set to be implemented in January 2018, and there is turmoil amidst E.U.-wide efforts to onboard all or part of investment funds and managers from the U.K. following Brexit. For additional Brexit coverage, see “Dechert Partners Discuss How Cross-Border European Fund Managers Can Prepare for Brexit’s Momentous Regulatory Effect” (Apr. 6, 2017). All these topics were addressed in a recent speech by ESMA chair Steven Maijoor. This article summarizes the key points from Maijoor’s address. For analysis of other speeches by Maijoor, see “ESMA Chair Calls for Stronger Supervisory Tools to Achieve Capital Markets Union” (Apr. 20, 2017); and “ESMA Chair Outlines Rulemaking Authority and Implementation of MiFID II” (Jul. 14, 2016).

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