Short Selling

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ESMA clarifies role of unissued shares for short selling rules

The European Securities and Markets Authority (ESMA) today provided some clarity as to the role of unissued shares in respect of the short selling rules under the European Short Selling Regulation (SSR). The SSR was introduced with the intention to reduce, inter alia, settlement risks and other risks linked with uncovered or naked short selling …

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ESMA advises on specific elements of the Short Selling Regulation

The European Securities and Markets Authority (ESMA) issues today its Technical Advice to the European Commission (EC) on how to improve the Short-Selling Regulation (SSR). In line with the mandate received, ESMA proposes a number of concrete amendments on controversial areas of the SSR to improve its relevance, effectiveness, coherence, and efficiency. ESMA’s Technical Advice …

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High Frequency Trading

The maturation of the Cryptocurrency Sector through Margin Trading and Crypto Lending

Let’s face it, many aspects of FinTech innovation are not innovations as such but more so a modification of existing models thanks to the use of new technologies. If for example you look at cryptocurrencies and some of the related services and activities, the underlying concepts can be found elsewhere in more traditional areas of …

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ESMA updates registers under MiFID and Short Selling Regulation

ESMA has issued a statement that the registers under MiFID and the Short Selling Regulation have been migrated to the global ESMA Registers web portal.   This migration concerns the following lists:   Shares admitted to trading on regulation markets Exempted shares Systematic internalisers Regulated Markets Multilateral trading facilities Central counterparties To ensure a smooth …

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SEC Charges Goldman Sachs With Improper Securities Lending Practices

The Securities and Exchange Commission today announced that Goldman, Sachs & Co. has agreed to pay $15 million to settle charges that its securities lending practices violated federal regulations (see here). According to the SEC’s order instituting a settled administrative proceeding, broker-dealers such as Goldman Sachs are regularly asked by customers to locate stock for …

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ESMA issues negative opinion on extending Greek short selling ban

The European Securities and Markets Authority (ESMA) has issued a negative opinion on a proposed extension of the emergency short selling prohibition, regarding Attica Bank S.A. (ISIN GRS001003011), proposed by the Hellenic Capital Market Commission (HCMC). The HCMC had proposed extending the current prohibition on short sales in any shares of Attica Bank admitted to …

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ESMA assesses regulators' compliance with market maker exemption under SSR

The European Securities and Markets Authority (ESMA) has today published the results of a targeted review it conducted among five national competent authorities (NCAs) under the Short-Selling Regulation (SSR). The review focused on those markets with the highest number of market makers benefiting from the exemption, and the markets in which market makers have notified …

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