Qatar – FMA Short Selling, Stock Lending Rules

Qatar – FMA Short Selling, Stock Lending Rules

On 8 September 2022, QAT FMA issued short selling and securities lending rules.

  • QAT FMA issued covered short selling rules under Board Decision No. 5 of 2022.
  • Also issued securities lending and borrowing rules under Board Decision No. 4 of 2022.
  • Added new financial services activities to increase business of financial services firms.
  • Firms may provide investment alternatives, encourage trade of non-traded securities.

Covered Short Selling Rules

  • Specified that A covered short sale may be undertaken by a market maker, a liquidity provider, a qualified investor, or any other case where QAT FMA provides approval.
  • Covering the covered short sales on the liquidity date is via borrowed securities, or securities subject to lending and borrowing arrangements issued by the Authority.
  • Also, lending and borrowing agreement signed between lender and the borrower.
  • Decision also provided terms and procedures for covering a short securities position.
  • The market shall determine which securities are accepted for covered short selling in accordance with the criteria set by the market and approved by QAT FMA.
  • Provided provisions on obligations of parties, required disclosures, among other topics.

Securities Lending, Borrowing Rules

  • Prohibited activity of lending, borrowing securities without a lending/borrowing agent.
  • Agent must be licensed by QAT FMA; specified registration requirements, agent duties.
  • Listed permissible purposes for lending/borrowing securities, including to invest in cash guarantees, establishing index fund units, executing short selling transactions, others.
  • Decision also provided terms and procedures for securities lending and borrowing.
  • Only qualified investors may enter transactions; unqualified investors may request from the agent to act on their behalf to enter into a lending or borrowing transaction.

Effectiveness

  • Decisions 4 and 5 of 2022 are effective immediately upon their issuance.