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Method To Provide Outstanding Short Selling Positions And Other Related Information As Well As Method Of The Tokyo Stock Exchange To Publish Such Information.

Date 05/11/2008

(Reference Translation)

In accordance with partial amendments, etc. made to the Enforcement Ordinance for the Financial Instruments and Exchange Act in order tighten regulations on short selling, starting November 7, 2008, (1) investors(*1) will be required to provide trading participants(*2) with (A) information on their outstanding short selling positions(*3) for designated securities and (B) their names and addresses. Moreover, trading participants must then report said information to the Tokyo Stock Exchange (TSE).

The TSE will publish information on the outstanding short selling positions for designated securities through its website, etc. (The information will be published beginning on November 11, 2008.)
The method for investors to providing this information, as well as information on how the TSE will publish it, are explained below .

1. How Investors are to Provide Information on Outstanding Short Selling Positions to Trading Participants

Investors are required to provide (A) their "outstanding short selling positions for designated securities" and (B) "their names and addresses" to trading participants by 10:00 a.m. of the business day after the next business day (meaning 10:00 a.m. of the business day after the business day following the "date for calculating outstanding position ratios" prescribed by Article 15-3, Paragraph 1, Item 5 of the Cabinet Office Ordinance Concerning Regulations of Securities Trading, etc. (hereafter the "Ordinance")

Investors are required to provide the above mentioned information in accordance with the following classifications and items.

(A) Information on outstanding short selling positions for designated securities (B) Trade name or name and address or location
  • Trade name or name [Art.15-3, Para.1, Item 1 of said Ordinance]
  • Address or location (In the case of individuals, down to municipalities or boroughs of prefectures) [Art.15-3, Para.1, Item 2 of the Ordinance]
  • Issue names (including issue codes) [Art.15-3, Para.1, Item 4 of the Ordinance]
  • The date for calculating outstanding position ratios [Art.15-3, Para.1, Item 5 of the Ordinance]
  • The number of outstanding short selling positions and the number of such by trading unit [Art.15-3, Para.1, Item 6 of the Ordinance]
  • Outstanding short selling position ratios [Art.15-3, Para.1, Item 7 of the Ordinance]
*In cases where a person doing trust business has made short selling as management of trust assets, etc., please describe items prescribed by the Ordinance. [Art.15-3, Para.1, Item 3 of said Ordinance]
  • Trade name or name
  • Address or location (* No exceptions for individuals)
    [Art.15-2, Para.4 of the Ordinance]

If investors provide the aforementioned (A) and (B) information by electronic means, they are advised to do so via a PDF file named according to the following rules.

  • Name of a file for (A)
    Please type the file name in this format: "YYYYMMDD_ (Name of the provider)-1"
    For example: "20081114_Tokyo Stock Exchange-1"
  • Name of a file for (B)
    Please type of the file name in this format: "YYYYMMDD_ (Name of the provider)-2"
    For example: "20081114_Tokyo Stock Exchange-2"

*Points to remember in cases where the information is provided by electronic means
- Please type YYYYMMDD with four digits for the year (YYYY) two for the month (MM) and two for the day of the month (DD). Please type the exact date on which short positions became subject to disclosure (YYYYMMDD).

- As for the name of the provider, please type the name of the customer, etc. who have reported the information on outstanding short selling positions.

Sample Format

2. How the TSE Will Publish the Information

(1) Publication through the TSE website

Beginning on November 11, 2008, the TSE will publish "information on outstanding short selling positions for designated securities" on its website, which can be accessed from the home page → "Market Information" → "Documents available for public inspection" under the title, "Information on outstanding short selling positions." The aforementioned PDF files for (A) will be published in the ZIP file format.

The TSE will, as a general rule, publicize "information on outstanding short selling positions for designated securities" on the day of submission if trading participants submit said information by 4:00 p.m.

(2) Publication through the TSE's public inspection room

The "information on outstanding short selling positions for designated securities" that is published on the TSE website on the previous business day shall be made public in the public inspection room (Information Terrace) in the TSE building.

 

(*1)The investor means a "person who has applied for brokerage" out of a "person who has applied for brokerage or intermediation of brokerage for short selling" as prescribed in Article 26-5, Paragraph 3 of the Enforcement Ordinance for the Financial Instruments and Exchange Act.
In the event that a "person who has applied for brokerage" has "applied for intermediation of brokerage," such person shall provide the above (A) and (B) information to a "person who has accepted intermediation of brokerage for short selling" as prescribed in Article 26-5, Paragraph 2 of said Ordinance (meaning financial instruments business firms, etc, other than trading participants of the exchanges). Then the "person who has accepted intermediation of brokerage for short selling" shall provide such information to trading participants.

(*2)The trading participants mean "members, etc. of financial instruments exchange" as prescribed in Article 26-5, Paragraph 1 of the Enforcement Ordinance for the Financial Instruments and Exchange Act.

(*3)The information on outstanding short selling positions for designated securities means "outstanding information (meaning information specified by a Cabinet Office ordinance as information concerning outstanding short selling positions)

 

DISCLAIMER: This English version is not an official translation of the original Japanese document. In cases where any differences occur between the English version and the original Japanese version, the Japanese version shall prevail. Tokyo Stock Exchange Group, Inc. (TSEG), Tokyo Stock Exchange, Inc. (TSE) and/or Tokyo Stock Exchange Regulation (TSER) shall individually or jointly accept no responsibility or liability for damage or loss caused by any error, inaccuracy, or misunderstanding with regard to this translation. This translation may be used only for reference purposes.