Securities

On June 27, 2024, the Supreme Court issued a decision holding that the Securities and Exchange Commission’s (SEC) practice of seeking civil monetary penalties in securities fraud cases filed in its administrative forum violates the Seventh Amendment of the Constitution. SEC v. Jarkesy, No. 22–859 (June 27, 2024). The Supreme Court’s reasoning could

On 22 May 2024, the European Securities and Markets Authority (ESMA) published a Position Paper on ‘Building more effective and attractive capital markets in the EU’. The Position Paper includes 20 recommendations to strengthen EU capital markets and address the needs of European citizens and businesses.

ESMA’s recommendations for a well-functioning capital market

On 14 November 2023, the European Securities and Markets Authority (ESMA) updated its document setting out links to Member State websites where net short positions in shares are disclosed.

Article 9 of the Regulation on short selling and certain aspects of credit default swaps provides that net short position in shares should be

On 14 November 2023, the European Securities and Markets Authority (ESMA) updated its document setting out links to Member State websites where net short positions in shares are disclosed.

Article 9 of the Regulation on short selling and certain aspects of credit default swaps provides that net short position in shares should be

On 20 March 2023, the FCA updated its webpage on notification and disclosure of net short positions.

The webpage has been updated to provide the following updates:

  • Revised list of exempted shares (LES) available from 1 April 2023 – The FCA has undertaken a second review of the LES (as required under the UK Short

On 3 February 2023, the European Securities and Markets Authority (ESMA) updated its Questions and Answers (Q&As) on the Prospectus Regulation.

The Q&As have been updated to include the following Q&A:

Question: Article 1(4)(d) of the prospectus regulation states: “The obligation to publish a prospectus set out in Article 3(1) shall

On 7 December 2022, the European Commission published the following proposals which follow up on its commitment to simplify EU listing rules, as detailed in Action 2 of the 2020 Capital Markets Union Action Plan:

On 13 October 2022, the European Securities and Markets Authority published updated questions and answers (Q&As) on the Prospectus Regulation.

The Q&As now include Question 15.9:  Prospectus exemption in connection with a takeover by means of an exchange offer.