ESMA final draft RTS establishing EU code of conduct for issuer-sponsored research

The European Securities and Markets Authority (ESMA) has published its final report with draft regulatory technical standards (RTS) that establish an EU code of conduct for issuer-sponsored research. The RTS supplement the revised Markets in Financial Instruments Directive, as amended by the Listing Act Directive. Under the revised framework, research distributed by investment firms to clients or potential clients that is paid for, fully or partially, by an issuer must be labelled as "issuer-sponsored research". No substantive changes have been made following the December 2024 consultation. A feedback statement is included in the final report in section 3. While the code is non-binding, ESMA emphasises that all research providers (whether independent or not) must comply with the EU code of conduct if they wish their analysis to be labelled and distributed as "issuer-sponsored research", otherwise it would have to be labelled as a marketing communication. The final draft RTS have been submitted to the European Commission for adoption, who has three months to decide whether to adopt them. If adopted, they will apply from 6 June 2026.

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