On 29 April 2022, Europalov announced EEA Committee decision 146 of 29 April 2022 amending Annex IX (Financial services - short selling notification threshold) to EEA Agreement to include this regulation. Background: Commission Delegated Regulation (EU) 2022/27 of 27 September 2021 amending Regulation (EU) No 236/2012 of the European Parliament and of the Council as…
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Netherlands – AFM Fines $275K for Failure to Report Short Selling
On 30 March 2022, NLD AFM issued €250k fine for short selling reporting failure. NLD AFM fined Merian Global Investors (UK) Ltd for not reporting short selling. Violations Fine imposed because of failure to comply with regulations on reporting net short positions from 8 October 2014 to 19 January 2018, in violation of short selling…
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U.K. – FCA Short Selling Position Reporting
On 16 March 2022, UK FCA issued an updated list of short positions disclosed to them. Background: UK entered transition period on 31 January 2020, which ends at 11pm on 31 December 2020. During the transition period, the EU short selling regulation (regulation (236/2012) (SSR) continues to apply in UK, including the market making exemption.…
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Austria – FMA Net Short Position Reporting
On 30 December 2021, AUT FMA reported on new net short reporting threshold. AUT FMA reported on lowered EC notification threshold for net short positions. Follows EC September 2021 adopted regulation on notification threshold. Also follows ESMA May 2021 proposed permanently lowering threshold. Also follows ESMA September 2021 consultation to review short sale rules Overview…
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Russia – NFA Securities Lending Documents
On 12 November 2021, RUS NFA considered terms for external consultants. RUS NFA group members considered options for choosing a consultant for the audit of legislation and a law firm for adapting documentation, writing model agreement terms. Benefits from introducing this product are: abandoning pseudo-loan transactions - repo transactions with a small rate and a…
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Sweden – FI Fines for Late Short Selling Reporting
On 28 June 2021, SWE FI fined Squarepoint SEK 2mn for late short selling reporting. Squarepoint Ops LLC receives a fee for late short registration in 20 different issuers. Its short net positions in shares in 20 different issuers on 138 occasions reached or fell below relevant thresholds for reporting; for which it must pay…
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