Submission of notifications relating to Regulation (EU) No. 236/2012 (Net Short Positions)
Should technical problems arise with the MVP Portal or a maintenance page be displayed, you can meet your notification requirement pursuant to Regulation (EU) No. 236/2012 by submitting the notification via fax using the PDF forms accessible with the links below, thus ensuring observance of the applicable deadlines. Please note that you are required to make subsequent electronic submission of the notification as soon as possible in order to meet your notification requirement.
Fax number: +49 (0) 228 / 4108-1717 (Section WA 25)
- Form "Notification of a net short position/notification after cancellation of a net short position"
- Form "Net short position - Cancellation of a notification"
You may submit notifications of net short positions as soon as you have filed an application for the corresponding specialised procedure. Please note, however, that any data sets you submit prior to BaFin's approval of your application may be deleted if your application for the specialised procedure is rejected, e.g. due to missing documents. BaFin therefore strongly recommends that you submit the required documentation without undue delay.
If you receive the error message "Duplicate submission of rasing the limit" or "Redundant notification – no threshold crossed", no notification was required because the nearest notification threshold has not been crossed and no other threshold has been reached since the last notification you submitted. In this case, your notification will be deleted or rejected.
Example of net short positions in shares:
A notification of a net short position of 0.35% was submitted. Submission of a further notification is required only if the net short position reaches or falls below another threshold. If your net short position decreases to 0.29768, for example, you are required to notify this to BaFin, since your net short position falls below the 0.3% threshold. In this case, you would have to submit a notification of a 0.29% net short position, since the position to report should be rounded to the first two decimal places by truncating the other decimal places.
For further details please refer to BaFin's FAQs (in particular question 16), and the Q&As of ESMA (http://www.esma.europa.eu/system/files/2013-159.pdf, in particular questions 2f and 2g as regards the rounding).
updated on 06.01.2015