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ESMA_QA_1949
Topic
Uncovered short sales
29/01/2013
Subject Matter
Put on hold confirmation in the context of intra-day short sales
Question
Under Article 6 of the ITS, if the intention is to execute a short sale and cover intra-day, a locate and easy to borrow confirmation is sufficient provided that the broker is informed that the short sale will be covered by purchases during the same day as the short sale takes place. However, if a put on hold confirmation is sought (even if not strictly required for liquid shares), is there still a requirement to provide a same-day request for confirmation to the third-party that the short sale will be covered by purchases during the same day?
Level 1 Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
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