ESMA · ESMA_QA_1937 Answer Published

Late publication of a timely submission of a disclosable net short position

Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
Topic
Transparency of net short positions
Submitted
2012-09-13
Answered
2012-09-13
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Question

What happens if a person has made a disclosure before 15.30 but, because of regulatory checks or other issues outside the person's control, the disclosure is not published until after that time?

Answer

[ESMA70-145-408 SSR Q&A, Q&A 9.3] The person has met its obligation under the Short Selling Regulation by making the disclosure by no later than 15.30h local time even if the notification is published by the competent authority or the operator of the central website supervised by the competent authority at a later point.
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This Q&A is published by European Securities and Markets Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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