Questions raised over FCA’s new short-selling rules

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Glitchy Data Clouds FCA Short-Selling Regime

The Financial Conduct Authority (FCA) is under fire after its overhauled short-selling disclosure system suffered a series of technical stumbles. Market analysts have flagged a trail of duplicate entries, “ghost” positions, and unexplained data fluctuations—errors that threaten the reliability of the tools used to track sentiment toward UK-listed companies.

Reporting Errors Plague New System

The regulator recently pivoted to a new reporting model, moving away from naming individual hedge funds. Instead, the system now logs total aggregated short interest once a position hits the 0.2 per cent threshold. According to the Financial Times, the transition has been far from seamless.

Data provider Breakout Point caught positions for companies like software firm Softcat appearing in one daily report only to evaporate the next, despite no record of the position being closed. Further scrutiny revealed that data for the student accommodation provider Unite Group featured altered dates and figures without explanation. In one instance, a source confirmed that an amendment was forced through solely to rectify a duplicated entry.

The High Cost of Inaccurate Records

For market participants, these disclosures are essential for spotting potential misconduct. Chris Brennan, a partner at the law firm Dentons, argues that the integrity of this data is a cornerstone of market oversight. “Market users maintain a reasonable expectation that official regulatory publications are accurate,” he said.

The High Cost of Inaccurate Records

Ivan Cosovic, founder of Breakout Point, acknowledged that the situation is improving but warned: “invisible corrections in an official market record should not become a habit.”

Regulator Defends Data Validity

After reviewing the discrepancies flagged by analysts, the regulator concluded that the disclosures remain valid, noting that they rely on information submitted directly by investors. The FCA currently engages with firms to verify the status of older, potentially inactive positions.

Some positions from the previous regime appear to have vanished, while others dating back five years linger. A short position in the miner Critical Mineral Resources, first disclosed in 2021, remains on the books despite the company’s shares falling significantly—a scenario that typically triggers a profit-taking closure.

Summary of the Reporting Shift

  • System Shift: The FCA has moved to a reporting model that focuses on total short interest rather than identifying individual hedge funds.
  • Identified Errors: Independent analysis identified missing data, duplicate entries, and unexplained date changes in the new system’s reports.
  • Regulatory Stance: The FCA has reviewed these findings and stated there is no immediate need for revisions, noting that the system relies on investor-submitted data.
  • Market Impact: Law firms and data analysts continue to monitor the disclosures, citing their importance in detecting market abuse and maintaining transparency.

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