FSA Announces Approach to Transposing EU Short Selling Regulation

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On August 16, the UK Financial Services Authority (FSA) published Issue 42 of its Market Watch Newsletter in which it set out its proposed approach to transposing the EU Short Selling Regulation (EU236/2012) (the Regulation) which comes into effect on November 1.

The EU Regulation will have direct effect under UK and other EU national laws with no general need for implementing measures in domestic legislation. However, certain FSA action is required.

The FSA confirmed that it will consult on:

  • the manner in which the current UK short position disclosure regime will be superseded by the Regulation; 
  • application of the FSA penalties regime to breaches relating to the Regulation; 
  • a framework for the FSA’s powers under the Regulation to suspend, prohibit or restrict short selling and other transactions following any significant price decline; and 
  • developing web-based solutions for the public and private notifications required to be made to the FSA as UK Competent Authority under the Regulation.

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