AIMA

The Alternative Investment Management Association

Alternative Investment Management Association Representing the global hedge fund industry

MAD / MAR

The Market Abuse Directive (MAD) was adopted by the European Parliament and Council of the European Union on 28 January 2003, with Members States required to implement its provisions into their national law by 12 October 2004.

The aim of MAD was to bring convergence among the different existing national regimes, by establishing a basic framework for the prevention of market abuse. MAD, therefore, introduced a common EU legal framework to seek to prevent both insider dealing and market manipulation and to provide sanctions where the rules were breached. It also established a common framework for the disclosure of information to the market.

On 20 October 2011, the European Commission adopted proposals for (i) a revised Directive and (ii) a new Regulation (MAR). Between them, these proposals, among other things:

  • significantly extend the scope of the current market abuse regime by bringing within it financial instruments traded OTC which might have an effect on the covered underlying market;
  • more closely align the way in which the market abuse regime applies to commodities and commodity derivatives trading (including the definition of ‘insider dealing’) with its application to securities markets;
  • introduce a new offence of attempted market manipulation, where a person intends to manipulate the market but does not place an order or execute a transaction;
  • provide competent authorities with specified powers to enhance their ability to tackle and investigate market abuse, including the power to enter private premises, to seize documents and to access telephone records; and
  • establish a more harmonised regime in respect of criminal and administrative sanctions across the EU Member States, in order to reduce the possibility of regulatory arbitrage

The European Parliament voted through its plenary reports on the Commission's MADII and MAR proposals on 8 October 2012 while the Council of the European Union agreed its general approach on the MAR proposals on 5 December 2012 and MAD II on 12 December 2012. Trialogues commenced on 24 January 2013 and resulted in a political agreement on MAR in June 2013. MAD II has experienced delays whilst MAR has been agreed. Trialogues on MAD II will continue under the Lithuanian Presidency of the Council of the European Union.

Since a number of issues in MADII/MAR are dependent on, for example, defined terms determined under MiFIDII/MiFIR, neither MADII or MAR are likely to be formally adopted until political agreement has been reached on MiFIDII/MiFIR. Application of the new rules was expected to take effect from 2015, though this timetable is now no more than provisional.


Key legislative documents

MAD

LEVEL I

Directive 2003/6/EC

LEVEL II

Directive 2004/72/EC

Regulation No. 2273/2003

Directive 2003/124/EC

Directive 2003/125/EC

MAD II / MAR

MAII 

Council General Approach on MAD II (December 2012)

EP Plenary Report on MAD II (October 2012)

Commission Proposal on MAD II (October 2011)

MAR

Political agreement between EP and Council on MAR (June 2013)


Relevant consultations

European Commission Impact Assessment MAD II (October 2011)

European Commission Public Consultation: A Revision of the Market Abuse Directive (June 2010)

Call for Evidence – Review of Directive 2003/6/EC on insider dealing and market manipulation (Market Abuse Directive) (2009)


AIMA documents

AIMA Note on the progress of the European Commission's draft proposal for a regulation on insider dealing and market manipulation - MAR (March 2013)

AIMA Comparison of the European Commission's proposal for a Market Abuse Regulation (January 2013)

AIMA Position Paper (February 2012)

AIMA Response to the European Commission’s Public Consultation on a Revision of the Market Abuse Directive (July 2010)

AIMA Response to the Call For Evidence Review of Directive 2003/6/EC on insider dealing and market manipulation (Market Abuse Directive) (June 2009)


Other resources

AIMA Noticeboard

 

Main Menu

  1. Home
  2. About
    1. Our Core Objectives
    2. AIMA's Policy Principles
    3. Meet the team
    4. AIMA Council
    5. Global Network
    6. Sponsoring Members
    7. Global Partners
    8. FAQs
    9. Opportunities at AIMA
  3. Join AIMA
    1. Benefits of Membership
    2. Membership Fees
    3. Application form
  4. Members
    1. AIMA Annual Reports
    2. AIMA Governance
    3. AIMA Logo
      1. Policy note
    4. AIMA Members' List
    5. AIMA Review of the Year
    6. Committees and Working Groups
    7. Weekly News
    8. Update Profile
  5. Investors
    1. AIMA Investor Services
    2. AIMA Members' List
    3. Investor Steering Committee
    4. Update Profile
  6. Regulation
    1. AIMA's Policy Principles
    2. Asset Management Regulation
      1. EU Asset Management Regulation
        1. AIFMD
        2. European Capital Markets Regulation
        3. MiFID / MiFIR
        4. UCITS
          1. ETFs and Structured UCITS
        5. Venture Capital
        6. Shareholder Rights Directive
      2. US Hedge Fund Adviser Regulations
        1. Registration and Reporting
        2. Incentive-Based Compensation
        3. JOBS Act
      3. Asia Pacific Asset Management regulation
      4. Other Jurisdictions’ Asset Management Regulation
      5. Regulation of NBFCs / SIFIS
      6. Supervision
        1. UK regulatory reform
        2. European Supervisory Authorities
        3. US Self-Regulatory Organisations
      7. Remuneration
        1. UK
        2. US
        3. CRD IV and CRR
        4. AIFMD
        5. MiFID
      8. Shadow Banking
      9. Volcker Rule
      10. Other
    3. Markets Regulation
      1. Bank/Capital Regulation
        1. Capital Requirements Directive
        2. EU Bank Structural Reforms
      2. Derivatives/Clearing
        1. EMIR
        2. MiFID / MiFIR
        3. MAD / MAR
        4. Dodd-Frank Act Title VII
        5. Hong Kong
        6. IOSCO
        7. Singapore
      3. High Frequency Trading
        1. ESMA Guidelines
        2. MiFID / MiFIR
        3. MAD / MAR
        4. Flash Crash
        5. IOSCO
        6. Germany
        7. CFTC Automated Trading
      4. Insurance Regulation
        1. Solvency II
      5. Market Abuse
        1. MAD / MAR
        2. Indices as Benchmarks
      6. Position Limits
        1. MiFID / MiFIR
        2. CFTC Position Limits
      7. Resolution of Financial Institutions
        1. Europe
          1. EU Bank Recovery and Resolution Directive
          2. EU Non-Bank Recovery and Resolution
        2. CPSS-IOSCO
        3. Financial Stability Board
        4. UK
        5. USA
      8. Short Selling
        1. EU Short Selling Regulation
        2. Hong Kong Short Selling Regulation
        3. US Short Selling Regulation
        4. Short Selling Bans
      9. Securities Settlement
      10. Shadow Banking
        1. International Shadow Banking
        2. EU Shadow Banking
      11. Trading
        1. MiFID / MiFIR
        2. Dodd-Frank Act
    4. Tax Affairs
      1. EU Savings Directive
      2. FAIFs and FINROFs
      3. FATCA
      4. FIN 48 and IAS 12
      5. Financial Transaction Tax
      6. Investment Manager Exemption
      7. UK Offshore Funds Regime
      8. Other
    5. Search
    6. Resources
      1. Guidance Notes
      2. Jurisdictional Guides
      3. Noticeboard
        1. BEPS
        2. Dealing Commission
        3. Derivatives
        4. FATCA
        5. FTT
        6. High Frequency Trading
        7. MiFID / MiFIR
        8. Other Hot Asset Management Topics
        9. Other Hot Markets Topics
        10. Position Limits
        11. Trading
        12. UK Partnership Tax Review
        13. Volcker Rule
      4. Hedge Fund Manager Training
      5. Quarterly Regulatory Update
      6. Webinar Programme
      7. Regulatory Compliance Association
        1. About the Regulatory Compliance Association
        2. RCA Curricula and initiatives for alternative investment firms
        3. Meet the regulators and Sr. Fellows
  7. Education
    1. AIMA Journal
      1. Recent issues
      2. Search AIMA Journal articles
      3. AIMA Journal Archive
    2. The Extra Mile: Partnerships between Hedge Funds and Investors
    3. 'Apples and apples' - How to better understand hedge fund performance
    4. AIMA/KPMG reports on state of global hedge fund industry
    5. Roadmap to Hedge Funds
    6. ‘Capital Markets and Economic Growth – Long-Term Trends and Policy Challenges'
    7. Guides for institutional investment
    8. Industry-standard DDQs
    9. Sound Practices
    10. Industry Guides
    11. CAIA
      1. FAI
    12. Services to Start-up Managers
    13. Useful Websites
    14. 'The Alternative Answer'
    15. Glossary
    16. AIMA's Investor Steering Committee Paper
  8. Events
    1. AIMA Events
    2. AIMA webinars
    3. Industry events
  9. Media
    1. Press Releases & Statements
    2. AIMA's blog
    3. Media Coverage
      1. Articles by AIMA
        1. Archive
      2. AIMA in the news
      3. Video interviews
      4. Industry news
    4. Media Contacts
    5. Press Materials

Sub Menu

  1. AIMA's Policy Principles
  2. Asset Management Regulation
    1. EU Asset Management Regulation
      1. AIFMD
      2. European Capital Markets Regulation
      3. MiFID / MiFIR
      4. UCITS
        1. ETFs and Structured UCITS
      5. Venture Capital
      6. Shareholder Rights Directive
    2. US Hedge Fund Adviser Regulations
      1. Registration and Reporting
      2. Incentive-Based Compensation
      3. JOBS Act
    3. Asia Pacific Asset Management regulation
    4. Other Jurisdictions’ Asset Management Regulation
    5. Regulation of NBFCs / SIFIS
    6. Supervision
      1. UK regulatory reform
      2. European Supervisory Authorities
      3. US Self-Regulatory Organisations
    7. Remuneration
      1. UK
      2. US
      3. CRD IV and CRR
      4. AIFMD
      5. MiFID
    8. Shadow Banking
    9. Volcker Rule
    10. Other
  3. Markets Regulation
    1. Bank/Capital Regulation
      1. Capital Requirements Directive
      2. EU Bank Structural Reforms
    2. Derivatives/Clearing
      1. EMIR
        1. EMIR Level 1
        2. EMIR Level 2
        3. EMIR UK Implementation
        4. ESMA technical advice on equivalence
      2. MiFID / MiFIR
      3. MAD / MAR
      4. Dodd-Frank Act Title VII
      5. Hong Kong
      6. IOSCO
      7. Singapore
    3. High Frequency Trading
      1. ESMA Guidelines
      2. MiFID / MiFIR
      3. MAD / MAR
      4. Flash Crash
      5. IOSCO
      6. Germany
      7. CFTC Automated Trading
    4. Insurance Regulation
      1. Solvency II
    5. Market Abuse
      1. MAD / MAR
      2. Indices as Benchmarks
    6. Position Limits
      1. MiFID / MiFIR
      2. CFTC Position Limits
    7. Resolution of Financial Institutions
      1. Europe
        1. EU Bank Recovery and Resolution Directive
        2. EU Non-Bank Recovery and Resolution
      2. CPSS-IOSCO
      3. Financial Stability Board
      4. UK
      5. USA
    8. Short Selling
      1. EU Short Selling Regulation
        1. SSR Docs
          1. SSR Level 1 - Consultations, legislative process and releated AIMA documents
          2. SSR Level 2 consultations, legislative process and related AIMA documents
          3. SSR Review
      2. Hong Kong Short Selling Regulation
      3. US Short Selling Regulation
      4. Short Selling Bans
    9. Securities Settlement
    10. Shadow Banking
      1. International Shadow Banking
      2. EU Shadow Banking
    11. Trading
      1. MiFID / MiFIR
        1. MiFIDII MiFIR Level 1 Consultations, legislative process and related AIMA documents
        2. MiFIDII MiFIR Level 2 Consultations, legislative process and related AIMA documents
      2. Dodd-Frank Act
  4. Tax Affairs
    1. EU Savings Directive
    2. FAIFs and FINROFs
    3. FATCA
    4. FIN 48 and IAS 12
    5. Financial Transaction Tax
    6. Investment Manager Exemption
    7. UK Offshore Funds Regime
    8. Other
  5. Search
  6. Resources
    1. Guidance Notes
    2. Jurisdictional Guides
    3. Noticeboard
      1. BEPS
      2. Dealing Commission
      3. Derivatives
      4. FATCA
      5. FTT
      6. High Frequency Trading
      7. MiFID / MiFIR
      8. Other Hot Asset Management Topics
      9. Other Hot Markets Topics
      10. Position Limits
      11. Trading
      12. UK Partnership Tax Review
      13. Volcker Rule
    4. Hedge Fund Manager Training
    5. Quarterly Regulatory Update
    6. Webinar Programme
    7. Regulatory Compliance Association
      1. About the Regulatory Compliance Association
      2. RCA Curricula and initiatives for alternative investment firms
      3. Meet the regulators and Sr. Fellows