On 11 January 2023, the European Securities and Markets Authority (ESMA) has published a first version of the compliance table (ESMA70-449-741) for its „Market Abuse Regulation (MAR) Guidelines: Delay in the disclosure of inside information and interactions with prudential supervision“.
To recall, these MAR Guidelines (ESMA70-159-4966) were published in April 2022 to take effect two months from then and „provide a non-exhaustive and indicative list of legitimate interests of the issuers that are likely to be prejudiced by immediate disclosure of inside information and situations in which delay of disclosure is likely to mislead the public“, according to Article 17(11) of Regulation (EU) No 596/2014 (MAR) of the European Parliament and Council. In addition, these guidelines provide, according to Article 16(1) of the ESMA Regulation (EU) No 1095/2010, clarifications concerning the existence of inside information in relation to Pillar 2 Capital Requirements and Capital Guidance.
The present compliance table now sets out which member states comply or intend to comply with the guidelines and – in latter case – by which date such compliance is expected. The table also provides comments from member states who do not (intend to) comply as to the reasoning of the local regulators.