RE: Placing shares2 Sep 2024 11:10
In the UK, forward selling of shares is generally not illegal, but it must be done within the framework of the law and regulations set by financial authorities like the Financial Conduct Authority (FCA). Forward selling usually refers to selling shares that you do not currently own, with the intention of buying them later to fulfill the obligation. This is closely related to short selling.
Regulation: Forward selling and short selling are regulated by the FCA under the Short Selling Regulation (EU) No 236/2012, which was retained in UK law after Brexit. The regulations require transparency and the disclosure of significant short positions.
Naked Short Selling: Selling shares without ever borrowing or arranging to borrow them (known as "naked short selling") is illegal in the UK. This is because it can lead to market abuse and create artificial downward pressure on a company's share price.
Covered Short Selling: This involves borrowing the shares first and then selling them. This practice is legal but regulated to ensure that it does not destabilize the markets.
Market Abuse: If forward selling is done with the intent to manipulate the market or to engage in insider trading, it would be illegal under the UK's Market Abuse Regulation (MAR).
In summary, forward selling of shares is not illegal in the UK as long as it is conducted in accordance with regulations, especially those concerning short selling and market manipulation.