Australia – ASIC Relief and Guidance on Short Selling

Australia – ASIC Relief and Guidance on Short Selling

  • On 8 October 2018, ASIC issued legislation on relief, updated guidance on short selling.
  • ASIC corporations (short selling) instrument 2018/745 provides legislative relief for ETF market makers to make naked short sales in ETFs and facilitate market making.
  • To rely on the relief, ETF market makers are required to meet additional conditions.
  • Also provides deferred settlement trading, but with potential changes arising from CHESS consultation, this part of relief will ceases end Sep, 30, 2021.
  • Also permits naked short selling in context of IPO sell downs where special purpose company/saleco offers shares to IPO investors before its unconditional right to them.
  • Firms able to nominate global end calendar time for calculating their short positions.
  • ASIC corporations (short selling) instrument 2018/745 commenced on Sep. 28 2018.
  • Existing ASIC guidance on short selling updated to reflect the legislative instrument.