Fri, Jun 23, 2017
A A A
Welcome Guest
Free Trial RSS
Get FREE trial access to our award winning publications
Industry Updates

EU publishes proposal for Directive regulating transparency and short selling

Monday, October 31, 2011
Opalesque Industry Update - On 25 October 2011, the European Commission published the provisional text of a proposal for a directive to amend the Transparency Directive ("TD"), together with an impact assessment, and some frequently asked questions. This came hot on the heels of the agreement reached between the European Parliament and the Presidency on 18 October 2011 for a Short Selling Regulation.

Disclosure of Long CfDs

The amended TD will plug the gap in shareholding notification requirements that enabled stake-building by way of cash-settled derivatives without any notification requirement. Currently, as well as shares, the TD requires disclosure of financial instruments that give a legal right to acquire on the holder's own initiative alone shares already in issue and with voting rights attached. These are defined by the FSA as "qualifying financial instruments" and the TD requires holdings of qualifying financial instruments to be aggregated with holdings of shares for the purposes of the notification thresholds. Under the amended TD, the disclosure requirements will extend to financial instruments with similar economic effects to qualifying financial instruments. These are financial instruments that do not give the holder a legal right to acquire shares, but have a similar effect in practice; that is where the instruments are referenced to an issuer’s shares and the holder has a long position on the shares’ economic performance, whether or not the instrument is capable of being settled physically in shares or in cash. Examples are purchases of Contracts for Differences (CfDs) and cash-settled call options or the writing of a put option, as each is referenced to and gives a long position in the shares’ economic performance.

Source

Press release

bc

What do you think?

   Use "anonymous" as my name    |   Alert me via email on new comments   |   
Today's Exclusives Today's Other Voices More Exclusives
Previous Opalesque Exclusives                                  
More Other Voices
Previous Other Voices                                               
Access Alternative Market Briefing

 



  • Top Forwarded
  • Top Tracked
  • Top Searched
  1. Comment: For emerging market debt, a sustainable recovery[more]

    Matthias Knab, Opalesque: Standish Mellon Asset Management Company writes on Harvest Exchange: After several difficult years, the outlook for emerging market debt (EMD) denomin

  2. J.P. Morgan Global Alternatives raises distressed shipping fund[more]

    From Institutionalinvestor.com: J.P. Morgan Global Alternatives has closed a $480 million fund to invest in distressed shipping assets, attracting capital from pensions, endowments and insurance companies. The firm, which has been investing in maritime for more than a decade, initially targeted $400

  3. FinTech - Rise of robots: Inside the world's fastest growing hedge funds[more]

    From Bloomberg.com: Believe the hype. Quants have never been more popular. After doubling over the past decade, assets run by so-called systematic funds have hit a record $500 billion this year, according to estimates from Barclays Plc. In some ways, their meteoric rise is due to the same technolog

  4. Legal - Bond market concerns could scuttle Paulson's Fannie-Freddie plan[more]

    From Bloomberg.com: A hedge fund proposal for freeing Fannie Mae and Freddie Mac from U.S. control is poised to face stiff opposition from investors who say it risks wrecking the mortgage-bond market. The Moelis & Co. blueprint, which firms including Paulson & Co. and Blackstone Group LP sponsored,

  5. Other Voices: Are your pricing policies and procedures for less liquid instruments adequate?[more]

    Komfie Manalo, Opalesque Asia: The unrelated position mismarking incidents that quickly precipitated the closures of both Visium Asset Management and Marinus Capital have been recent focal points for market participants, but regulatory scrutiny of valuation choices for less liquid instruments is