S Korea – FSC Rules on Illegal Short Selling

S Korea – FSC Rules on Illegal Short Selling

On 13 January 2021, SK FSC gave notice of amendments to enforcement decree of the financial investment services and capital markets act; notice period 13 January to 2 February.

  • Restrictions on participation by short selling persons during period of capital increase.
  • Anyone who signs a transaction contract for future borrowing and short sale must keep the contract details for 5 years and submit details when requested by SK FSC or KRX.
  • Such details include the item/quantity of the loan transaction, the date and time of signing the contract, the counterparty, the loan period and commission rate.
  • New penalties for those who participated in capital increase after illegal short selling, and fines for violating the obligation to store and submit loan transaction information.