EU Short selling restrictions in from 1st Nov.
This is why you see "stock on loan" figures going up October - all the "naked short" positions must now be covered with borrowed stock, so lots of borrowing going on to cover positions now.
Shorts must be declared to the market at 0.5% level, and every 0.1% increase thereafter they must declare again to the market - so there will be transparency now on who is short.
http://www.ft.com/cms/s/0/1a5a57c4-1495-11e2-aa93-00144feabdc0.html
Warning on EU short-selling restrictions
By Vanessa Kortekaas and Brooke Masters
EU restrictions on short selling, due to take effect next month, threaten to reduce liquidity in UK small-cap stocks and prevent small businesses from raising capital, market participants have warned.
The regulations, which come into force on November 1, are intended to address concerns that short selling – betting that shares will fall in price, by selling borrowed holdings and then buying them back cheaply – exacerbates market downturns.
Under the rules, investors will have to disclose their short positions and settle their short trades in four days – rather than 30 days as currently required – with large fines for failing to settle on time.
However, brokers have expressed concerns that the shorter settlement time will discourage market makers from taking positions in small- and medium- sized enterprises.
“This is a regulation that has gone wrong,” said John Barrass, deputy chief executive of the Association of Private Client Investment Managers and Stockbrokers (Apcims). “We believe that there may be quite damaging consequences [of the regulation] if those firms which make a market in these stocks find it not worthwhile doing so in future,” Mr Barrass added.
Winterflood, Close Brothers’ market maker for UK retail brokers, said that while it supported more transparency on short selling, the regulation has “created unintended consequences” for the small-cap end of the UK market, by placing an economic burden on the market makers that provide liquidity to it.
Julian Palfreyman, Winterflood’s chief executive, said the impact on liquidity could affect small- and medium- sized enterprises by making it harder for them to tap the equity market as a source of finance.
Market participants have been in discussions with the Financial Services Authority and LCH.Clearnet, the Anglo-French clearing house, over the implementation of the rules.
A person familiar with the matter said there had been intense debate in recent weeks about how the rules could be applied in the UK without negatively affecting liquidity in the market.
One possibility is a reduction in the fines for settlement after four days, which would effectively increase the settlement periods for UK stocks.
“People didn’t really cotton on or understand what the impact of [the regulation] was going to be,” the person said.
However, small changes to how the rules are applied in the UK may not be sufficient for all market makers.
“If the improvement isn’t enough to satisfy the market makers then they will pull out of making markets in particular stocks,” said another person close to the discussions.
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