Short-selling in breach of the Law
In November 2001, CSFB executed short-selling of stocks on its own account without legally required disclosure of the fact of short-selling to the stock exchange many times. CSFB staff failed to apply to borrow stocks to a securities finance company, though CSFB executed the short-selling orders with the intention of settling by borrowing stocks from a securities finance company.
Short-selling settled by borrowing stocks from a securities finance company was not required to disclose the fact of short-selling to the stock exchanges. In addition, CSFB was found to have conducted short sales at a price lower than the latest published price immediately prior to the short sale.
The conduct above was found to violate the Article 26-3 (1), the Article 26-4 (1) of the Cabinet Order (the Securities and Exchange Law) and the Article 162 (1) (i) of the Law, both of which regulate short-selling.