argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Small Investment Firms - ESMA - EBA

On May 31^st, 2021, the European Securities and Markets Authority (ESMA) together with the European Banking Authority (EBA), issued a list of new instruments and funds that competent authorities may allow to use as own funds for some of the smallest investment firms. The list that was published is specifically destined, as stated above, to the subjects which are considered small investment firms, as provided in the Investment Firm Regulation (IFR) and is intended to be provisional and to provide guidance to investment firms and competent authorities ahead of the application of the IFR requirements, as of June 26^th, 2021. In particular, the EBA founded the basis to draft the list having regard to Article 9(4) of the Regulation (EU) 2019/2033, which mandates the Authority, together with ESMA, to establish, maintain and publish a list of all the forms of instruments or funds in each Member State that qualify as own funds for investment firms which are not legal persons or joint‐stock companies or which meet the conditions for qualifying as small and non‐interconnected investment firms set out in Article 12(1) of Regulation.