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Dutch notification regulation lapses, EU Regulation enters into effect

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The Dutch measure that obliges investors to notify the Netherlands Authority for the Financial Markets (AFM) of significant short positions will lapse on 1 November 2012. From that moment onwards, new European rules for notifying short positions in listed companies and government debt will enter into effect.

The new rules arise from the Regulation on short selling and certain aspects of credit default swaps and the technical implementation standards thereof. The Regulation applies directly in the EU Member States.

The AFM points out that parties which, on 1 November 2012, already have a short position in shares or government debt are obliged to notify the AFM thereof at the latest on 2 November 2012 before 3:30 pm. This can be done by using the relevant notification forms. This also applies to those parties which have previously notified the AFM regarding an already existing short position under the Dutch measure that applied until 1 November 2012, if this position is subject to the notification obligation, the so-called initial notification obligation, with due observance of the threshold values provided for in the Regulation.

The AFM is committed to promoting fair and transparent financial markets.

As an independent market conduct authority, we contribute to a sustainable financial system and prosperity in the Netherlands.

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