Co-authored by Marilyn Selby Okoshi and Christian B. Hennion.

Effective October 3, the National Futures Association (NFA) has amended its registration rules 401 and 402 to exempt associated persons (APs) of NFA member futures commission merchants, introducing brokers, commodity pool operators (CPOs) and commodity trading advisors from the NFA proficiency (Series 3 examination) requirements

On August 23, the European Securities and Markets Authority (ESMA) published consultation paper ESMA/2011/270 (Consultation on ESMA’s draft technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Managers Directive in relation to supervision and third countries.)

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On August 11, the financial regulators in Belgium, France, Italy and Spain introduced short selling restrictions on shares of certain named financial institutions and derivatives (e.g., futures) linked to those securities. The restrictions also extend to stock indices of which those securities are components.

The Belgian restrictions apply indefinitely. The three other countries’ restrictions will expire after 15 days, unless extended. Earlier that week, Greece imposed a two-month ban on short sales of all listed securities.

The regulators’ interpretations of their restrictions are constantly evolving. Changes generally are reflected in amendments to published FAQs. The websites below should be consulted for the most up to date information.


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