Short-selling in breach of the Law
In November 2001, Nippon Global 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. Nippon Global staff failed to apply to borrow stocks to a securities finance company, though they 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. The conduct above was found to violate the Article 26-3 (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.