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  • Statement On Short Position And Short Activity Reporting By Institutional Investment Managers, SEC Commissioner Mark T. Uyeda, Oct. 13, 2023

    Date 13/10/2023

    Thank you, Chair Gensler. Section 13(f)(2) of the Exchange Act requires the Commission to prescribe rules providing for the public disclosure of the name of the issuer and the title, class, CUSIP number, and aggregate amount of the number of short sales of each security, and any additional information determined by the Commission. Section 13(f)(3) then provides the Commission with authority to exempt any institutional investment manager or security or any class of the foregoing from any or all of the provisions of Section 13(f) or the rules thereunder. Notably, in enacting the Dodd-Frank Act, Congress did not limit the Commission’s exemptive authority under section 13(f)(3) as it did in other areas, such as with respect to certain swaps and derivatives where Congress did specifically curtail Commission authority to issue exemptive relief.

  • Statement Regarding The Reporting Of Securities Loans (Rule 10c-1a) And Short Position And Activity Reporting (Rule 13f-2), SEC Commissioner Caroline A. Crenshaw, Oct. 13, 2023

    Date 13/10/2023

    In 2010, with the passage of the Dodd-Frank Act, Congress recognized the importance of increasing transparency with respect to both securities lending and short selling activities. Both of the rules we are considering today would implement this important Dodd-Frank directive by increasing transparency through making new data publicly available to investors and market participants.

  • Reporting Of Securities Loans, SEC Commissioner Hester M. Peirce, Oct. 13, 2023

    Date 13/10/2023

    Thank you, Mr. Chair. While providing transparency regarding securities lending is a worthy and statutorily mandated objective, the approach we are voting on today is not the right way to achieve that objective. Accordingly, I cannot support this recommendation.

  • ISDA: Letter To The EBA On SA-CCR

    Date 13/10/2023

    On October 13, 2023, ISDA and the Association for Financial Markets in Europe (AFME) submitted a joint letter responding to the European Banking Authority (EBA) on its report on the standardized approach for counterparty credit risk (SA-CCR).

  • Short Sale Disclosure: Striking The Right Balance, SEC Commissioner Jaime Lizárraga, Oct. 13, 2023

    Date 13/10/2023

    As with securities lending, short sales, provided they are conducted in compliance with applicable rules, can play a valuable price discovery role in our capital markets. That said, they can sometimes contribute to, or even cause, precipitous price declines, facilitate market manipulation, and generate market uncertainty and volatility.