• LUX CSSF published circular 22/798, dated 1 February 2022, amending circular 12/548.
• Follows EU CMSN September 2021 adopted regulation re net short threshold.
• Also follows ESMA January 2022 issued statement on net short positions.

Summary

• The amendment reflects the changes made by EC delegated regulation 2022/07 on the adjustment of the relevant threshold for notification of net short positions in shares.
• This requires that a natural or legal person who has a net short position must notify the relevant competent authority where position reaches a threshold of 0.1% or less.
• The requirement relates to the issued share capital of the company concerned.
• The reporting requirement also extends to each 0.1% above that initial threshold level.

Effectiveness

• The circular applies with immediate effect from 1 February 2022.