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BaFin Bans Short Selling – Eleven Stocks Concerned

Date 19/09/2008

The Federal Financial Supervisory Authority (BaFin) on Friday temporarily prohibited short sales (transactions resulting in a short position) of shares of the following companies from the financial sector:

AAREAL BANK AG
ALLIANZ SE
AMB GENERALI HOLDING AG
COMMERZBANK AG
DEUTSCHE BANK AG
DEUTSCHE BÖRSE AG
DEUTSCHE POSTBANK AG
HANNOVER RÜCKVERSICHERUNG AG
HYPO REAL ESTATE HOLDING AG
MLP AG
MÜNCHENER RÜCKVERSICHERUNGS-GESELLSCHAFT AG

The ban will apply from 20 September 2008, 00.00 hrs., to 31 December 2008, 24.00 hrs, but will be reviewed on an ongoing basis.

BaFin justified this move by the recent developments on the global capital markets. “In the current market situation, short selling can drive financial companies into ruin”, said BaFin President Jochen Sanio. He added it was imperative to act resolutely against this risk, a view that was also shared by the securities regulators of the most important markets.

The legal basis for its decision was section 4 (1) of the Securities Trading Act (Wertpapierhandelsgesetz – WpHG), BaFin stated. Based on this, the supervisory authorities had to counteract undesirable developments that might result in serious disadvantages for the financial markets. BaFin may “issue orders which are appropriate and necessary to eliminate or to prevent such undesirable developments.”