ESMA · ESMA_QA_1940 Answer Published

Telephone call registrations as adequate durable medium for retaining evidence

Regulation
Short Selling Regulation (SSR) Regulation (EU) No 236/2012
Topic
Uncovered short sales
Submitted
2013-01-29
Answered
2013-01-29

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)?

Answer

[ESMA70-145-408 SSR Q&A, Q&A 10.3] Telephone call registrations are considered an adequate durable medium under Article 5, 6 or 7 of the ITS.

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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