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Prospectuses for investors – Simplifying equity-raising during the pandemic

01-07-2021

A prospectus is a legally required document presenting information about a company and the securities that it offers to the public or seeks to admit to trading on a regulated market. The relevant EU legislation consists of a directive, adopted in 2003, amended in 2010, and finally replaced by a regulation in 2017. Drawing up a prospectus entails time and costs, which in the current economic context may deter issuers in distress from seeking to raise new funds, in particular equity. To remedy this ...

A prospectus is a legally required document presenting information about a company and the securities that it offers to the public or seeks to admit to trading on a regulated market. The relevant EU legislation consists of a directive, adopted in 2003, amended in 2010, and finally replaced by a regulation in 2017. Drawing up a prospectus entails time and costs, which in the current economic context may deter issuers in distress from seeking to raise new funds, in particular equity. To remedy this, the Commission proposed to amend Regulation (EU) 2017/1129. These amendments aim at creating a temporary (18 month) regime for a short-form prospectus and to simplify the procedure for issuers (so that they can rapidly raise capital), as well as to release pressure on financial intermediaries. The Commission proposal was reviewed by the co-legislators who, among other things, increased the range of those who can benefit from the regime, added elements that must appear in the recovery prospectus and increased the minimum information in the prospectus. They further amended Directive 2004/109/EC (the 'Transparency Directive'), thus providing Member States with the option to postpone, by one year, the requirement for listed companies.

Plenary round-up – March II 2021

26-03-2021

The highlight of the March II 2021 plenary session was the joint debate on the preparation of the European Council and Digital Green Certificates. A number of further joint debates were held on 2019 2020 enlargement progress reports on Albania, Kosovo, North Macedonia and Serbia, on the reform of EU own resources, on a capital markets recovery package: adjustments to the securitisation framework and on a European strategy for data. These debates were followed by votes. Other debates held following ...

The highlight of the March II 2021 plenary session was the joint debate on the preparation of the European Council and Digital Green Certificates. A number of further joint debates were held on 2019 2020 enlargement progress reports on Albania, Kosovo, North Macedonia and Serbia, on the reform of EU own resources, on a capital markets recovery package: adjustments to the securitisation framework and on a European strategy for data. These debates were followed by votes. Other debates held following Council and Commission statements concerned Turkey's withdrawal from the Istanbul Convention, and the assassination of Daphne Caruana Galizia and the rule of law in Malta. Proposals on guidelines for the 2022 EU budget, implementation of the Ambient Air Quality Directives, for a new EU-Africa strategy, and legislation on exports, brokering, technical assistance, transit and transfer of dual-use goods, were also debated and voted.

Securitisation package – Coronavirus amendments

22-03-2021

To cushion the economic fallout from the coronavirus pandemic, the European Commission has taken several measures, including in financial markets. One of these involves updating the EU regulatory framework with regard to on-balance-sheet synthetic securitisation and the securitisation of non-performing exposures (NPEs) to enhance the capacity of securitisation to contribute to the economic recovery of the EU. The European Parliament is expected to vote during the March II plenary session on the provisional ...

To cushion the economic fallout from the coronavirus pandemic, the European Commission has taken several measures, including in financial markets. One of these involves updating the EU regulatory framework with regard to on-balance-sheet synthetic securitisation and the securitisation of non-performing exposures (NPEs) to enhance the capacity of securitisation to contribute to the economic recovery of the EU. The European Parliament is expected to vote during the March II plenary session on the provisional agreements resulting from interinstitutional negotiations on the two Commission proposals making up the package.

Plenary round-up – February 2021

12-02-2021

The main debates held during the February 2021 plenary session concerned the state of play of the EU's Covid 19 vaccination strategy and the de facto abortion ban in Poland. Members also debated democratic scrutiny of social media platforms and the protection of fundamental rights, including the challenges ahead for women's rights more than 25 years after the Beijing Declaration and Platform for Action The impact of coronavirus on young people and sport, relief measures for the transport sector, ...

The main debates held during the February 2021 plenary session concerned the state of play of the EU's Covid 19 vaccination strategy and the de facto abortion ban in Poland. Members also debated democratic scrutiny of social media platforms and the protection of fundamental rights, including the challenges ahead for women's rights more than 25 years after the Beijing Declaration and Platform for Action The impact of coronavirus on young people and sport, relief measures for the transport sector, homologation and distribution of transparent masks and the humanitarian situation in Ethiopia were also discussed. Members debated statements by High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission, Josep Borell, on his visit to Russia in the light of the recent crackdown on protestors and the opposition, on the humanitarian and political situation in Yemen, and on the situation in Myanmar.

Banking Union: ESMA report on Wirecard

01-12-2020

This briefing provides a summary of ESMA’s Fast-Track Peer-Review (FTPR), published on 3 November 2020. ESMA carried out an assessment of the effectiveness of the supervisory response in the financial reporting area by BaFin and FREP in the context of Wirecard AG fraud case.

This briefing provides a summary of ESMA’s Fast-Track Peer-Review (FTPR), published on 3 November 2020. ESMA carried out an assessment of the effectiveness of the supervisory response in the financial reporting area by BaFin and FREP in the context of Wirecard AG fraud case.

The InvestEU programme: Continuing EFSI in the next MFF

30-10-2020

Since its launch in November 2014, the Investment Plan for Europe (IPE) has had considerable success in mobilising private investment across Europe. Despite its success, investment levels in Europe remain below pre-crisis levels. There is therefore a need to provide for an extended EU investment programme under the new multiannual financial framework (MFF), which caters for multiple objectives in terms of simplification, flexibility, synergies and coherence across relevant EU policies. The InvestEU ...

Since its launch in November 2014, the Investment Plan for Europe (IPE) has had considerable success in mobilising private investment across Europe. Despite its success, investment levels in Europe remain below pre-crisis levels. There is therefore a need to provide for an extended EU investment programme under the new multiannual financial framework (MFF), which caters for multiple objectives in terms of simplification, flexibility, synergies and coherence across relevant EU policies. The InvestEU programme, expected to run from 2021 onwards, has been designed to address this challenge. It will bring diverse EU financial instruments within a single structure, making EU funding for investment projects in Europe simpler and more efficient and flexible. It will build on the success achieved by the European Fund for Strategic Investments (EFSI) and consist of the InvestEU Fund, the InvestEU Advisory Hub and the InvestEU Portal. Negotiators for Parliament and Council have reached a partial agreement on the text of the proposal, excluding budgetary figures and other elements which will not be finalised until overall agreement on the new MFF. Parliament is due to vote on that agreement in April 2019.

Barriers to Competition through Joint Ownership by Institutional Investors

15-10-2020

In recent years, the phenomenon of common ownership by institutional investors has sparked considerable debate about its impact on competition and companies’ corporate governance. The original full study analyses some specific features of common ownership by institutional investors in the European banking sector, at the intersection between competition policy, financial sector regulation and corporate governance rules. This document was provided by the Policy Department for Economic, Scientific and ...

In recent years, the phenomenon of common ownership by institutional investors has sparked considerable debate about its impact on competition and companies’ corporate governance. The original full study analyses some specific features of common ownership by institutional investors in the European banking sector, at the intersection between competition policy, financial sector regulation and corporate governance rules. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Economic and Monetary Affairs (ECON).

Külső szerző

S. FRAZZANI, K. NOTI, M. P. SCHINKEL, J. SELDESLACHTS, A. BANAL ESTAÑOL, N. BOOT, C. ANGELICI

Impact investing in the framework of business and human rights

31-07-2020

Impact investments are an emerging sustainable investment strategy and represent a small and medium enterprise-led approach to development. Impact investments are executed only when a positive financial return can be achieved alongside a measurable positive impact on an individual or societal level. Impact investors thus go beyond more established sustainable investment strategies such as exclusion or integration by explicitly aiming at impact, investing in business models that directly address social ...

Impact investments are an emerging sustainable investment strategy and represent a small and medium enterprise-led approach to development. Impact investments are executed only when a positive financial return can be achieved alongside a measurable positive impact on an individual or societal level. Impact investors thus go beyond more established sustainable investment strategies such as exclusion or integration by explicitly aiming at impact, investing in business models that directly address social issues. Most impact investment funds invest in areas such as healthcare, education or employment and thus improve the situation of the target group. At the same time, however, there is no explicit human rights perspective integrated into the investment process yet. Given the rather small scale of investments which is usually in the range of EUR 200 000 to EUR 5 million per transaction, unintended negative consequences can occur, if only to a very limited extent. This in-depth analysis discusses the impact investing industry in the context of sustainable finance and analyses central aspects of the concept such as financing instruments, the impact measurement process or the impact logic of the investors. The analysis also discusses the limitations impact investing faces such as commercial boundaries of business models, and illustrates modified concepts to mitigate these challenges which are summarised as social finance.

Külső szerző

Dr. Barbara SCHECK, Dr. Wolfgang SPIESS-KNAFL.

Covered bonds – Issue and supervision, exposures

24-01-2020

Covered bonds are debt securities issued by credit institutions and secured by a pool of mortgage loans or credit towards the public sector. They are characterised further by the double protection offered to bondholders, the segregation of assets in their cover pool, over-collateralisation, and their strict supervisory frameworks. Currently, their issuance is concentrated in five Member States. National regulatory regimes vary widely in terms of supervision and composition of the cover pool. Lastly ...

Covered bonds are debt securities issued by credit institutions and secured by a pool of mortgage loans or credit towards the public sector. They are characterised further by the double protection offered to bondholders, the segregation of assets in their cover pool, over-collateralisation, and their strict supervisory frameworks. Currently, their issuance is concentrated in five Member States. National regulatory regimes vary widely in terms of supervision and composition of the cover pool. Lastly, despite benefiting from preferential treatment under the Capital Requirements Regulation (CRR), they share no common definition, which can lead to different securities benefiting from this treatment. To remedy this, the Commission has adopted proposals for, on the one hand, a directive, which would lay down investor protection rules and provide common definitions, and on the other, a regulation, which would amend the CRR with regard to covered bond exposures. Parliament voted in plenary on 18 April 2019 to adopt the texts agreed in trilogue. After linguistic corrections, Parliament approved corrigenda and the two acts were signed on 27 November 2019. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Prudential requirements and supervision of investment firms

15-01-2020

Investment firms play an important role in capital markets, facilitating savings and investment flows across the EU. However, the current EU rules are seen as fragmented, overly complex, inconsistently applied and often a poor fit for the actual risks taken by the various types of investment firms. The Commission proposed a new regulation on the prudential requirements of investment firms and a new directive on the prudential supervision of investment firms. These proposals update the framework for ...

Investment firms play an important role in capital markets, facilitating savings and investment flows across the EU. However, the current EU rules are seen as fragmented, overly complex, inconsistently applied and often a poor fit for the actual risks taken by the various types of investment firms. The Commission proposed a new regulation on the prudential requirements of investment firms and a new directive on the prudential supervision of investment firms. These proposals update the framework for investment firms, making it more effective and more closely calibrated to the size and nature of the various investment firms and their risks. Parliament's Committee on Economic and Monetary Affairs (ECON) agreed its report and negotiating mandate on 24 September 2018. On 20 March 2019, provisional agreements were reached by Parliament and Council negotiators. Parliament adopted the texts at first reading on 16 April 2019. Following linguistic corrections, corrigenda were endorsed by Parliament in October, and the regulation and directive were adopted by the Council then signed into law on 27 November. Both will apply in full from 26 June 2021. Second edition of a briefing originally drafted by David Eatock. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

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