ISSUE143
19.01.2016 SFTR now up and running New European rules demanding greater transparency and more comprehensive reporting requirements for securities financing transactions (SFTs) came in to effect on 12 January. The Securities Financing Transactions Regulation (SFTR) ((EU) 2015/2365), published in the Official Journal of the EU, creates a framework under which details of SFTs can be more efficiently reported to trade repositories. The guidelines also introduce new collateral management conditions. The three main features include the mandatory reporting for all SFTs, excluding those concluded with central banks, to trade repositories.
Goldman Sachs settles charges of short selling violations in the US Goldman Sachs has agreed to pay $15 million to settle charges of improper securities lending practices that violated federal regulations. The bank’s broker-dealer was accused of violating Rule 203(b)(1) of Regulation SHO and Section 17(a) of the Securities Exchange Act by improperly providing locates for short selling purposes to customers where it had not performed an adequate review of the securities to be located. Goldman Sachs did not admit or deny the accusations brought against it. Goldman Sachs instead consented to the cease and desist order and agreed to pay the $15 million penalty.
“The requirement that firms locate securities before effecting short sales is an important safeguard against illegal short selling,” said Andrew Ceresney, director of the Securities and Exchange Commission’s (SEC) enforcement division. “Goldman Sachs failed to meet its obligations by allowing customers to engage in short selling without determining whether the securities could reasonably be borrowed at settlement.”
Andrew Calamari, director of the SEC’s New York regional office, added: “SEC exams ensure that market participants are following the rules, so there will be consequences, including in the determination of remedies, when a registrant fails to provide complete and clear responses to examination staff.”
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Reporting requirements will be implemented at a regional level between 12 and 21 months after the SFTR came into force on 12 January.
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ESMA short with national securities regulators Only one in five EU national regulators is fully compliant with the Short Selling Regulation, according to a peer review by the European Securities and Markets Authority (ESMA). ESMA’s review of the financial services regulators in the UK, Germany, Italy, Sweden and Hungary found multiple inconstancies in the regulation’s application. Specifically, ESMA scrutinised the discrepancies in the regulators’ application of the exemption for market making activities in Article 17 of the Short Selling Regulation.
DATALEND
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SECURITIES LENDING 2015 YEAR IN REVIEW | CHECK OUT OUR INFOGRAPHIC INSIDE FOR MORE
GROSS REVENUE
$8,611,345,310
North America: $4,211,053,544 Europe: $2,825,497,073 Asia: $1,446,794,076 Other: $128,000,616