ISLA supports transparency measures that create disclosure symmetries with long positions – including private disclosure to regulators and anonymised reporting of aggregate reported positions - but believes the EC’s proposed public disclosure threshold of 0.5% for short sales is too low.
“Evidence from prime brokers and market studies show that short selling activity is artificially reduced by investors seeking to avoid short selling above public disclosure thresholds. This undermines market efficiency by reducing liquidity and price discovery, while also widening dealing spreads,” said Kevin
McNulty, Chief Executive of ISLA.
“This ultimately results in more expensive and risky investment conditions, while also lowering securities lending volumes and the returns available to long term institutional investors such as pension funds.”
A technical matter that also needs to be addressed, is to make clear that an investor who sells shares that are on loan is not deemed to have entered into a short sale.
· Naked short selling – ISLA believes the proposed EC requirement to locate and reserve shares before all short sales is unnecessary, adding additional costs and processes for little or no benefit. ISLA also believes current conventions for locating shares and determining liquidity work well, and there is no evidence of settlement problems caused by naked short sales.
· Flagging short sales – this provision is somewhat surprising as it appeared to have been ruled out during the CESR consultation. ISLA believes that the benefits of flagging short sales do not outweigh the considerable IT costs that firms and trading venues will incur.
· Buy-ins – Although ISLA supports the principle of sensible settlement discipline, it believes the EC’s proposal for T+4 automated buy-ins are too draconian and will cause a reduction in ecurities lending activity and market liquidity, as investors hold back excessive quantities on securities to manage this requirement.
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