France – AMF Enforcing Ban on Short Selling

France – AMF Enforcing Ban on Short Selling

On 2 June 2020, AMF issued guidance on short selling and blog on enforcing.

  • AMF issued Ombudsman blog on prohibition of short selling: who should enforce it and on what grounds? and updated guidance on EU regulation on short selling (SSR).
  • Followed February 2020, AMF updated guidance on short selling regulation.
  • Followed March 2020,  AMF announced one month ban on short selling.

Ombudsman Blog

  • Although AMF ban on short selling due to COVID was suspended on 18 May 2020, investors still likely to address requests relating to facts which took place during these 2 months.
  • Set out facts of case where investor requested intervention to obtain cancellation of a purchase transaction which she considered illegal, entire investment had been lost.
  • Highlighted that the AMF ban only applied to shares traded on French markets and, by extension, on the instruments making it possible to take a position on these actions.
  • It was the personal responsibility of the investor, not of his financial intermediary or the securities' issuer, to ensure compliance with the provisions before investing.