THE
REGULATIONS FOR SHORT SELLING UNDER READY MARKET
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ISLAMABAD
STOCK EXCHANGE (GUARANTEE) LIMITED
THE
REGULATIONS FOR SHORT SELLING UNDER READY MARKET
PREAMBLE
WHEREAS at present there are no
regulations to regulate Short Selling under Ready Market.
AND WHRERAS in order to
regulate short selling under Ready Market subject to its proper
regulations in line with the International Practice, it is
desirable that necessary Regulations be framed in this regard.
NOW THEREFORE, the ISLAMABAD
STOCK EXCHANGE (Guarantee) Limited in exercise of the powers
conferred by sub-section I of section 3A of the Securities &
Exchange Ordinance, 1969 (XVII of 1969) with prior approval of
Securities & Exchange Commission of Pakistan makes the following
Regulations namely:
1.
SHORT TITLE &
COMMENCEMENT
a)
These Regulations
may be called the “Regulations for Short Selling under Ready
Market, 2002”.
b)
These Regulations
shall come into force with immediate effect.
2.
DEFINITIONS
In these Regulations, unless the
subject or context otherwise requires:
a)
“Blank Sale” means
a sale by a party that does not own shares or the sale does not
constitute a sale with pre-existing interest or is a sale by a
party that has not entered into a contractual borrowing
arrangement to meet delivery requirements.
b)
“Board of
Directors” means “Board of Directors of the Exchange”.
c)
“Exchange” means
“the ISLAMABAD STOCK EXCHANGE (Guarantee) Limited”.
d)
“Member” means
“Member of the Exchange”.
e)
“Prior Contractual
Borrowing arrangement ” means shares already borrowed or a
contract or agreement to borrow shares needed to make delivery on
the settlement date.
f)
“Short Sale”
means a sale by a party that does not own shares or the sale does
not constitute a sale with pre-existing interest but is a sale by
a party that has entered into a contractual borrowing arrangement
to meet delivery requirements.
g)
“Sale with
pre-existing interest” means:
·
The squaring up of
an earlier purchase on the same exchange in the same settlement.
·
The squaring up of
an earlier purchase on the same exchange in a different settlement
which will settle prior to the settlement of the sale.
·
The squaring up of
an earlier purchase on another exchange in a different settlement
which will settle prior to the settlement of the sale.
·
The squaring up of
an earlier purchase on another exchange in the same settlement.
h)
“Up tick” is the
price which is above the next preceding different price at which a
trade of such security was affected on such Exchange for example:
TIME
RATE
REMARKS
Previous closing
19.00
A.
10.00 a.m.
19.05
Short Sale allowed
B.
10.02 a.m.
19.10 Short Sale allowed
C.
10.10 a.m.
19.10
Short Sale allowed
D.
10.11 a.m.
19.05
Not allowed
E.
10.12 a.m.
19.05
Not allowed
F.
12.00 a.m.
19.50
Short Sale allowed
G.
12.05 a.m.
19.45
Not allowed
H.
12.10 a.m.
18.90
Not allowed
I.
12.15 a.m.
18.95
Short Sale allowed
SHORT SELLING
3.
Short Sale under
Ready Market shall take place through the Computerized trading
system (ISE-ETS).
PROHIBITION ON BLANK SALES
4.
Blank sales are
not permissible.
SHORT SALE PREREQUISITES
5.
No person shall
make a Short Sale unless:
a)
Prior contractual
borrowing arrangement has been made.
b)
The sale is made
at an uptick, and
c)
The trade is
identified as a Short Sale at the time of placement of order.
6.
Short Seller will
have to declare Short Sale transactions while placing the order in
the system in the manner and procedure as may be prescribed by the
Exchange from time to time. This identification would be at the
trade level to the Exchange, which would then disclose the
cumulative figures for public consumption at the close of market
everyday.
7.
Short Seller will
have to make delivery of the net shares involved in the short
selling on the day of settlement.
8.
(a) Short sales
are only allowed in CDS designated securities of highly liquid
scrips based on a pre-
determined criteria based on Volume and
Market Capitalization. Such list would be announced by
the Exchange from time to time.
(b) The currently
eligible securities for short selling are shown in Annexure “A”
(under preparation)
PROHIBITION
9.
No person shall be
allowed to carry over the short position through transactions
governed by Carry Over Transaction (COT) Regulations .
10.
No person, who has
financed COT against delivery of shares, shall use the same shares
for Short Selling and/or further lending.
PENALTY
11.
(a) The
Exchange shall impose penalties as may be prescribed by the Board
of Directors on members
who are found violating these
Regulations.
(b) The current penalties
schedule is attached as Annexure “B” (being finalized).
AMENDMENTS IN
REGULATIONS
12.
The Board may,
with the prior approval of the Securities and Exchange Commission,
make changes in these Regulations after giving reasonable notice.
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