On 28 May 2018, ESMA further updated FAQs on the Short Selling Regulation (SSR).

  • Amended FAQ 10.13 to further specify requirements on easy to borrow/purchase list.
  • Listed conditions to meet requirement to have a locate arrangement, per A. 12(1)(c).
  • No longer allows referring to “easy-to-borrow or purchase” list as locate arrangement.
  • Easy-to-borrow or purchase list considered “easy to borrow or purchase confirmation”
  • only where it includes assessment of maximum shares affected by possible short sale;
  • Market conditions at time of providing list, including liquidity of the shares concerned.
  • Assessment has to be reviewed for quantity, and any change in the market conditions.