On 17 September 2024, ESMA issued FAQ on determination of net short position. ESMA issued new FAQ concerning the Short Selling Regulation (SSR Reg 236/20212). Determination of Net Short Position Q: ESMA_QA_2282 Asks, when calculating net short positions in relation to issuers having both listed and non listed shares, should the issued share capital also…
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S Korea – FSC Issues Short Selling Reform Measures
On 13 June 2024, SK FSC, SK FSS launched short selling reform measures. SK FSC, SK FSS launched short sale reform measures to resolve illegal/unfair issues. SK FSC, FSS extended the short selling ban until 30 March 2025 same day. Follows SK FSS April 2024 issued measures re trade prevention system. Electronic Short Sale Processing…
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U.S. – FINRA Fines for Short Position Reporting Failure
On 11 July 2023, FINRA issued AWC on short interest position reporting. FINRA issued Letter of acceptance, waiver, and consent (AWC) to RBC Capital Markets LLC (RBC) for overreporting short positions and supervisory system failures. Allegations Between December 2018 - April 2021 RBC violated FINRA Rule 4560, FINRA Rule 2010 by overreporting shares associated with…
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U.S. – FINRA Short Selling Reporting FAQs
On 27 October 2022, FINRA provided FAQs about short selling reporting. FINRA issued FAQs on short selling reporting requirements under FINRA Rule 4560. FAQs pertains to the reporting to FINRA of short positions in OTC Equity securities, as defined in FINRA Rule 6420, and securities listed on a national securities exchange. Short Interest Reporting Specified…
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U.S. – Short Position Reporting Fine
On 12 October 2022, FINRA reported short position reporting, supervisory failures. FINRA issued letter of acceptance, waiver and consent (AWC) with Scotia Capital (USA) Inc. re short position reporting requirements and supervision violations. Alleged Violations Between July 2012 and June 2019, Scotia erroneously included non-reportable short positions reflected in two omnibus accounts in the firm’s…
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Hong Kong – SFC Fined ARCM on Short Selling
On Oct. 12, HK SFC fined ARCM HKD 1.75mn for disclosure breaches. HK SFC reprimanded and fined Asia Research & Capital Management Limited (ARCM). Fined HKD 1.75mn for failures relating to its non-compliance with the EU’s short-selling reporting requirements and for not promptly notify HK SFC of breaches. HK SFC also banned former senior executive…
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