On 30 December 2021, AUT FMA reported on new net short reporting threshold.
- AUT FMA reported on lowered EC notification threshold for net short positions.
- Follows EC September 2021 adopted regulation on notification threshold.
- Also follows ESMA May 2021 proposed permanently lowering threshold.
- Also follows ESMA September 2021 consultation to review short sale rules
Overview
- Reporting threshold for net short positions permanently lowered from 0.2% to 0.1%.
- Existing positions between 0.1% and 0.2% must be reported when reduction applies.
- Affects shares listed on a regulated market in the EU; general reporting obligation for holders of net short positions is reduced to 0.1% of the nominal value issued.
- The reporting threshold does not apply to shares whose main trading venue is in a third country outside the EU, as well as to market making or stabilization transactions.
- Positions are reported to the national supervisory authority responsible for the market.
- ESMA to publish more details on how net short positions are to be reported.
Reason for Change
- Instability due to Covid-19 led regulators and ESMA to take extraordinary short-selling measures more frequently with risk of retail investors engaging in short squeezes.
- This highlighted the importance of constantly collecting information about significant net short positions in stocks, as information is critical for market surveillance purposes.
- EC believes uncertainties about statutory reporting requirements should be avoided and that there should be stability in the rules and obligations in this regard.
- Decided best way to achieve stability is to permanently lower the reporting threshold. Preferable to temporary thresholds, due to uncertainty as expiration date approaches.
