Global Regulators Move to Ban Short Sales

Global Regulators Move to Ban Short Sales

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Volatility and massive losses have been a global theme over the past two weeks, culminating in the biggest single day drop in decades. Yesterday, March 12, Madrid’s benchmark index fell by 14%, Milan’s market went down by 17%, and European markets overall saw their worst day since the 1987 stock market crash. The spread and effect of COVID-19 is still to be determined, but what is very clear is the economic impact on Spain and Italy. In response, regulators in both countries announced short sale bans on 69 Spanish stocks and 85 Italian stocks in an effort to mitigate further loses. They both also asked other nations to consider instituting a similar ban on their companies listed on foreign exchanges.

In response, the London Stock Exchange announced a ban on shorting more than 120 names including Fiat Chrysler, Santander, Airbus and the Juventus Football Club, amongst others. That said, Germany announced that it will not institute any bans on short-selling like the U.K., Spain and Italy. Clearly, these are not universal actions that have or will be taken by all European nations.

The move is not unprecedented. In the 2011 eurozone credit crisis, short-selling bans were in effect. Even before that, during the 2008 financial crisis, regulators banned shorting for a number of issuers including many large banks. None of these actions solved the respective crises but were done to try and stop massive single-day losses like we saw on Thursday.

On a broader level, similar bans may continue. As of Friday, many markets have shown signs of rebounding, although nowhere close to being fully recovered. Central bank activity and actions in Europe appear to be, at least at the current time, ineffective. As a result, financial regulators will likely continue actions to help ease the markets and try to stop the bleeding anyway they can.

Turkey and South Korea also announced similar short-selling bans in response to crashes given the extent their countries have been hit by COVID-19.

In the U.S., there has been no indication that there will be any short-selling bans. The U.S. did places these bans for certain companies during the 2008 financial crisis, so it is not outside the realm of possibility if we see large drops next week.

Greyline will continue to monitor actions taken by regulators in response to current market conditions.

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Darren Mooney

Partner and Co-Head of Business Development

Darren Mooney is a Partner and the Co-Head of Business Development at Greyline. Before joining Greyline, Darren served as deputy chief compliance officer of Partner Fund Management where he held primary responsibility for the compliance program of the second-largest hedge fund in the Bay Area. Prior to that, Darren spent five years providing compliance consulting services at Cordium and then ACA Compliance Group, where he led the company’s San Francisco office and west coast operations. In addition to providing ongoing consulting services to a variety of investment managers, including hedge fund, private equity, venture capital, real estate, quantitative and other wealth managers, Darren also regularly guided clients through the SEC registration process, implemented tailored compliance programs, supported clients’ live SEC exams, and served as an SEC-mandated independent compliance consultant following an SEC enforcement action. Darren’s other experience includes serving as deputy chief compliance officer and associate counsel at F-Squared Investments where he directly supported the compliance program during the investigation and subsequent enforcement regarding historical advertising practices. Darren has a B.S. in Economics from the University of Delaware and a J.D. from Suffolk University Law School. He is a member of the Massachusetts bar.

Annie Kong

Partner and Head of Venture Capital
Annie Kong is a Partner and Head of the Venture Capital Division at Greyline. She provides ongoing compliance consulting to investment advisers and manages client relationships. Prior to joining Greyline, Annie was part of compliance and operations at a long-only manager-of-managers that advised pension fund clients. While there, she conducted compliance and operational due diligence on SEC-registered investment advisers on the platform. She also oversaw and counseled on various legal matters across the firm. Annie has a B.A. in Economics from the University of California, San Diego, and a J.D. from the University of San Diego School of Law. She is an active member of the State Bar of California.
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