Draft RTS For Assessment Of Acquisitions Under MIFID

Author:Mr Fionán Breathnach and Mark Browne
Profession:Mason Hayes & Curran

On 8 July 2013, the European Securities and Market Authority ("ESMA") issued a consultation paper on regulatory technical standards ("RTS") applicable to the assessment of proposed acquisitions and increases in holdings in investment firms (the "Consultation Paper").

Further to the Markets in Financial Instruments Directive ("MiFID"), as amended, ESMA is obliged to draft the RTS and establish an exhaustive list of the information to be included by proposed acquirers of an investment firm in their notification to the relevant competent authority. Pursuant to MiFID, Member States are required to make publically available the information necessary to carry out assessments of a proposed acquirer. Such information must be provided at the time of the initial notification. This is to ensure that the competent authorities are provided with adequate and proportionate information for the purpose of their assessment of the relevant acquisition.

Section II of the Consultation Paper outlines the background to the proposals.

The main objective of the directive on acquisitions and increase of holdings in the financial sector (Directive 2007/44/EC) (the "Acquisitions Directive"), which amended MiFID, is to provide legal certainty, clarity and predictability regarding the assessment of acquisitions and the increase of holdings in the financial sector.

Section III describes the proposals for the exhaustive list of information to be included by proposed acquirers...

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