Net Short Positions

Reporting Obligations

Pursuant to Article 6 of Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps (‘SSR’), a natural or legal person who holds a short position equal to or higher than 0.1% of the share capital of a company that has shares admitted to trading on a Maltese trading venue, must notify the MFSA of this position within one trading day. The notification threshold which was originally set at 0.2% when the Regulation first came into force in 2012 was reduced to 0.1% following the entry into force of Commission Delegated Regulation (EU) 2022/27 on 31 January 2022.

When the net short position is equal to or higher than 0.5% of the share capital, the MFSA as competent authority publishes this information. Thereafter, the obligation of reporting to and publication of Net Short Positions by the MFSA applies whenever one of the successive thresholds in increments of 0.1% is met, either upwards (e.g. 0.6,% 0.7%, etc.) or downwards.

If a person holding a published net short position (i.e. equal to or higher than 0.5%) falls below the 0.5% threshold, a notification must be sent under the same conditions. The MFSA as competent authority publishes such a notification.

Natural or legal persons are requested to kindly submit their notification forms on [email protected].

All current and historical net short positions can be accessed and downloaded through the following link.

Date of Last Update: 28 July 2022