ESMA_QA_1948
Topic
Uncovered short sales
29/01/2013
Subject Matter
Main national indices for the purpose of Article 6(4) of the ITS
Question
What are the main national indices identified by the competent authorities for the purpose of Article 6(4) of the ITS?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_1929
Topic
Other SSR-related topics
29/01/2013
Subject Matter
Net short positions - Reporting by groups
Question
In line with Article 13(2) of the DR, the group shall report, and disclose where relevant, the net short position in a particular issuer when it reaches or exceeds a relevant notification disclosure threshold. Provided that a group is not a legal entity, which legal entity within a group shall submit a notification?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_1941
Topic
Uncovered short sales
29/01/2013
Subject Matter
Record keeping of the relevant evidence on a durable medium
Question
How long should the durable medium under Article 5, 6 and 7 of the ITS (Commission Implementing Regulation EU No 827/2012) be stored as evidence of the existence of the agreement to borrow or other enforceable claim?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_1940
Topic
Uncovered short sales
29/01/2013
Subject Matter
Telephone call registrations as adequate durable medium for retaining evidence
Question
Can telephone call registrations be considered as a durable medium for the purpose of evidencing the existence of an agreement to borrow or other enforceable claim under Article 5 of the ITS, or of arrangements, confirmations and instructions under Article 6 and 7 of the ITS (Commission Implementing Regulation EU No 827/2012)?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
ESMA_QA_1939
Topic
Uncovered short sales
29/01/2013
Subject Matter
Covering a short sale and rolling of a repo
Question
In case of a short sale and a same time cover through a repo transaction, Article 5 of the ITS requires this being “for the duration of the short sale”. However, in practise, the duration of the short position resulting from that the short sale is unknown and that position is covered by a repo that is rolled at maturity as long as the short position exists. Would such an extension of the repo be possible and cover the requirement of the Regulation?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012