The UK's Financial Services Authority (FSA) announced on Friday that it has introduced a disclosure regime for significant short positions in companies undertaking rights issues.
The regulator explained that in current market conditions, there is increased potential for market abuse
through short selling during rights issues.
It continued: "As a result, there has been severe volatility in the shares of companies conducting
rights issues. This is potentially damaging not only to the issuers in question
but also to confidence in the overall fairness and quality of the UK market."
"It can be particularly prejudicial to the interests of small investors. The
problem is compounded by the length of time taken to complete rights issues."
"A review will be conducted into how capital raising by listed companies can
be made more orderly and efficient."
However, the FSA revealed, it has also been considering what immediate
measures can be taken to maintain market confidence and prevent potential abuse
during rights issues.
It went on to add: "The FSA views short selling as a legitimate technique which assists liquidity
and is not in itself abusive. But it is also the case that the rights issue
process provides greater scope for what might amount to market abuse, particularly
in current conditions."
"The FSA has noted that it considers that, in the first instance, improving
transparency of significant short selling in such shares would be a good means
of preventing the potential for abuse. In these circumstances non-disclosure
of significant short positions gives the market a false and misleading impression
of supply and demand in the securities concerned."
"We are therefore introducing provisions in our Code of Market Conduct, to
come into effect from Friday 20 June 2008, which will require the disclosure
of significant short positions in stocks admitted to trading on prescribed markets
which are undertaking rights issues."
"For this purpose, we are defining a significant short position as 0.25%
of the issued shares achieved via short selling or by any instruments giving
rise to an equivalent economic interest. The obligation will be to disclose
positions exceeding this threshold to the market by means of a Regulatory Information
Service by 3.30pm the following business day."
In addition to the new disclosure regime, the FSA is giving consideration
to whether it might be necessary to take further measures in this area.
To this end, the Authority is also currently examining a number of options including
the following: restricting the lending of stock of securities in rights issues
for the purposes of enabling short selling; and restricting short sellers from
covering their positions by acquiring the rights to the newly issued shares.