EBA and ESMA's Assessment of Shareholder Rights Directive

The EBA and ESMA's joint report on the implementation of SRD2 sets the stage for potential regulatory reforms in the EU. The report's focus on fee harmonization and improved disclosures could drive competition, enhance market transparency, and reshape regulatory compliance for banks.

EBA and ESMA's Assessment of Shareholder Rights Directive
EU Assessment and Improvement of Shareholder Rights Directive Implementation

Competition and Progress: EBA and ESMA's Assessment of Shareholder Rights Directive Implementationg

Source: European Banking Authority Keywords SRD2 EBA

The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have collaborated on a comprehensive report that assesses the implementation of the Shareholder Rights Directive 2 (SRD2). This thorough examination was a direct response to a request from the European Commission. The report identifies areas requiring further progress and provides detailed policy recommendations. The focus is on the Directive’s effectiveness, issues in practical application, and the appropriateness of the scope of application. The EBA specifically scrutinized the charges applied by intermediaries and the practices of third-country intermediaries. It found that the level of disclosure and comparability of costs incurred by intermediaries significantly varied across the EU, primarily due to the lack of harmonization in the types of fees, services, and detailed disclosure requirements. The EBA emphasizes that there is significant potential for improvement to enhance competition and lessen the negative impact of costs on investor engagement.

The Implications of EBA and ESMA's Joint Review on SRD2 Implementation

n a significant development for the European financial sector, the European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have published a joint report examining the implementation of the Shareholder Rights Directive 2 (SRD2). This detailed review, commissioned by the European Commission, has the potential to reshape regulatory compliance for banks, investment firms, and securities intermediaries across the European Union.

The report not only identifies areas for further progress in the application of SRD2 but also provides insightful policy recommendations, setting the stage for possible regulatory reform. By focusing on the charges applied by intermediaries and the inconsistent practices of third-country intermediaries, the EBA and ESMA have highlighted a crucial need for harmonizing fee structures and improving disclosure requirements.

These findings could result in increased competitiveness among intermediaries, fostering a more transparent and efficient market for investors. Recognizing the inconsistent practices of smaller, local third-country intermediaries could drive the development of standardized processes, thus leveling the playing field for all entities in the European Union, regardless of their origin.

Financial institutions need to be prepared for the potential impact of these reforms. Changes to fee structures, enhanced disclosure requirements, and increased operational costs are among the key challenges that need to be addressed. To ensure regulatory compliance, financial institutions should consider a proactive review of their fee structures, enhancing their disclosure procedures, and seeking expert regulatory guidance.

Although the timeline for these changes is still unclear and depends on the European Commission's decision to implement the EBA and ESMA's recommendations, financial institutions are advised to monitor developments closely and initiate preliminary preparations.

The report is expected to play a fundamental role in shaping the European Commission's future work in evaluating the implementation and potential review process of SRD2. Revisions could lead to enhanced market efficiency, competitiveness, and transparency, thus empowering investors and strengthening the European financial sector.

By leveraging the insights from this joint EBA-ESMA report, financial institutions can effectively navigate the evolving regulatory landscape, ensuring their compliance strategies align with the vision for a more transparent and competitive financial market in the European Union. Incorporating these key takeaways can help financial institutions maintain regulatory compliance while promoting investor confidence and engagement in the sector.

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The EBA and ESMA assess the implementation of the revised Shareholder Rights Directive and identify areas for progress - European Banking Authority
​​​​​​​The European Banking Authority (EBA), jointly with the European Securities and Markets Authority (ESMA), today published a Report assessing the implementation of the Shareholder Rights Directive 2 (SRD2). This assessment, carried out in response to a European Commission’s request, identifies…

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