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ESMA_QA_1896
Topic
Scope
29/01/2013
Subject Matter
Meaning of debt instruments issued by a sovereign issuer
Question
What is meant by debt instruments issued by a sovereign issuer (Article 2(1)(f) of the Regulation)? In particular, are bank loans or bonds issued by a company wholly owned by a Member State included?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_1895
Topic
Scope
29/01/2013
Subject Matter
Shares pledged as collateral
Question
How should shares pledged as collateral be considered in terms of ownership and how should given collateral be treated for the uncovered short sale prohibition and position reporting?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_1894
Topic
Scope
29/01/2013
Subject Matter
ETFs
Question
Should ETFs be included in the definition of shares for the purposes of Article 12 of the Regulation?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_1893
Topic
Scope
29/01/2013
Subject Matter
GDRs and ADRs
Question
Should Global Depository Receipts (GDR) and American Depository Receipts (ADR) be included in the definition of shares for the purposes of article 12 of the Regulation?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_1934
Topic
Other SSR-related topics
29/01/2013
Subject Matter
Net short positions - Meaning of position holder and reporting entities
Question
Is there a definition of the terms "position holder" and "reporting person", in order to establish for instance if the position holder is the fund, i.e. the legal entity which owns the short position, or the discretionary investment manager who makes the decision to take the short position.
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012