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 1. Home → Regulation news →
 2. Korea approves new short position balance rules

Regulation news



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KOREA APPROVES NEW SHORT POSITION BALANCE RULES


06 November 2024 South Korea
Reporter: Carmella Haswell



Image: kampon/stock.adobe.com

Investors will become subject to new disclosure requirements regarding their net
short position balances from 1 December.

This news follows the Korean government’s approval of a revision bill for the
Enforcement Decree of the Financial Investment Services and Capital Markets Act
(FSCMA).

According to the Financial Services Commission (FSC), this revision, which
intends to strengthen the disclosure requirement on investors’ net short
position balance, is part of the comprehensive short sale reform measures
announced on 13 June 2024.

Pursuant to the revised Enforcement Decree, investors with a net short position
balance of 0.01 per cent — excluding those with less than 100 million South
Korean won (approximately US$71,700) — or KRW1 billion or more of total issuance
volume will be newly required to disclose their net short position balances.

Previously, only those with a net short position balance of 0.5 per cent or more
were subject to the disclosure requirement.

Investors that will newly become subject to the disclosure requirement will
begin to disclose their net short position balances from 4 December.

The government and relevant institutions have been working on comprehensive
short sale reform measures in order to address the problem of illegal and unfair
trading practices, says the FSC.

Some of the reform agendas requiring no revision to legislation have already
been put into place.

On 27 September, the supervisory regulation on financial investment businesses
was revised to bring down the cash collateral ratio of retail investors when
borrowing stocks to 105 per cent, which is the same level in place for
institutional investors.

The reduced cash collateral ratio for retail investors is to become effective
from 31 March 2025.

For market makers and liquidity providers, their stock borrowing period has
already been limited to a maximum of 12 months, with 90-day extensions each time
through system upgrades made at the securities lending institutions (Korea
Securities Depository and Korea Securities Finance Corporation) from 1 November.

Additional announcements for regulatory revisions will be made within the month
regarding other reform areas, such as the establishment of an electronic short
sale processing and monitoring system, internal control standards, securities
companies’ verification duty, and the limit on institutional investors’ stock
borrowing period.

The FSC adds that the government and relevant institutions will “spare no
effort” in pursuing follow-up measures and establishing an electronic short sale
processing and monitoring system to make sure that short sale transactions can
resume as planned from the end of March next year 2025.
← Previous regulation article

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Next regulation article →

SEC postpones FINRA’s Rule 6500 SLATE again

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Glossary terms in this article
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→ Liquidity
→ Short Sale

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