Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

30/09/2020 - ESMA towards enhancing transparency under the Shareholder Rights Directive

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Shareholder Rights Directive - ESMA - report

In order to promote transparency amongst EU Member States considering the difficulties that have been encountered during the years, the EU decided to find a new strategy to enhance said transparency goal. In particular, at this moment, on August 31st, 2020, the European Securities and Markets Authority (ESMA), the EU’s securities and markets regulator, published a new report that intends to list the thresholds above which shareholders can be identified in the different Member States of the European Union (EU). In order to draft said document, ESMA needed the cooperation of the Member States whose national authorities communicated to the EU the following information: national thresholds for shareholder identification in Member States that have established such a threshold, relevant national legislation and rules, and indication of Member States where the revised Shareholder Rights Directive has not yet been transposed into national law. Moreover, the Shareholder Rights Directive, with its revised text, also pretends that Member States guarantee the right of the company to identify its shareholders; Member States may provide for a 0,5% or less share limit to keep the identity of the shareholders hidden.