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Who Mandates the ESG?

Published in ESG Regulations 4 mins read

ESG (Environmental, Social, and Governance) mandates are primarily issued by governmental bodies, financial regulators, and stock exchanges across various jurisdictions worldwide, rather than a single global entity. The drive towards mandatory ESG reporting and disclosures stems from a growing demand for transparency, accountability, and sustainable practices from investors, consumers, and civil society.

Initially, ESG reporting was largely voluntary, driven by corporate social responsibility initiatives and investor pressure. However, in recent years, many countries have begun to introduce mandatory regulations to standardize reporting and integrate ESG factors into financial decision-making.

Key Drivers of ESG Mandates

The move from voluntary guidelines to mandatory regulations is influenced by several factors:

  • Investor Demand: A significant portion of investors now consider ESG factors crucial for long-term value creation and risk management. They require consistent, comparable, and reliable data to inform their investment decisions.
  • Financial Stability: Regulators recognize that climate-related risks and other ESG factors can pose systemic risks to the financial system.
  • Sustainability Goals: Governments are leveraging ESG reporting to achieve national and international sustainability objectives, such as those outlined in the Paris Agreement and the UN Sustainable Development Goals.
  • Corporate Accountability: Mandatory reporting enhances corporate transparency and accountability, pushing companies to improve their performance on environmental, social, and governance issues.

Global Landscape of ESG Regulators and Directives

While there isn't one universal body, several influential regulators and directives are shaping the global ESG landscape:

In the United States

The US Securities and Exchange Commission (SEC) is a key player in mandating ESG disclosures for companies operating in the US. For instance, in May 2022, the SEC proposed amendments to rules and reporting forms. These proposals aim to promote consistent, comparable, and reliable information for investors concerning how funds and advisers incorporate ESG factors into their investment strategies. This reflects a significant push to standardize ESG disclosures within the American financial market.

In the European Union

The European Union is at the forefront of establishing comprehensive ESG regulations. Its initiatives often set a precedent for other regions:

  • Corporate Sustainability Reporting Directive (CSRD): This directive significantly expands the scope and detail of sustainability reporting for a large number of companies operating in the EU, requiring disclosures on a broad range of environmental, social, and governance topics. It replaces the Non-Financial Reporting Directive (NFRD) and applies to all large companies and all listed companies (except micro-undertakings).
  • Sustainable Finance Disclosure Regulation (SFDR): This regulation primarily targets financial market participants and financial advisers, requiring them to disclose how they integrate sustainability risks and consider adverse sustainability impacts in their investment processes and products.
  • EU Taxonomy Regulation: This framework establishes a classification system for environmentally sustainable economic activities, providing a common language for investors and companies to identify green investments.

In the United Kingdom

The UK has also made strides in ESG regulation, particularly concerning climate-related disclosures:

  • Task Force on Climate-related Financial Disclosures (TCFD): The UK government has mandated climate-related financial disclosures aligned with the TCFD recommendations for a broad range of organizations, including listed companies, large private companies, and financial institutions.

Other Key Regions and Regulators

Many other countries and regions are developing or have implemented their own ESG reporting requirements, reflecting a global trend towards greater transparency:

Region/Country Key Regulatory Body/Initiative Focus Areas
Japan Financial Services Agency (FSA), Tokyo Stock Exchange (TSE) Corporate Governance Code, increasing focus on climate disclosures.
Canada Provincial Securities Regulators Climate-related disclosures, corporate governance.
Australia Australian Securities and Investments Commission (ASIC), ASX Climate risk disclosures, modern slavery reporting.
China China Securities Regulatory Commission (CSRC) Mandatory ESG disclosures for listed companies, green finance.
Singapore Monetary Authority of Singapore (MAS), Singapore Exchange (SGX) Climate-related disclosures, sustainability reporting.

The Evolving Landscape

The landscape of ESG mandates is continuously evolving. As global concerns about climate change, social equity, and corporate governance intensify, it is expected that more countries will introduce stricter and more comprehensive ESG reporting requirements. Companies and financial institutions must stay abreast of these developments to ensure compliance and leverage ESG integration for sustainable growth.