Draft RTS For Assessment Of Acquisitions Under MIFID

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.