Question to the HM Treasury:

To ask Her Majesty's Government what assessment they have made of the prevalence of tracker and similar funds lending the shares of beneficial owners for shorting; what regulations are in place to ensure that such funds make share owners sufficiently aware that shares may be lent in this way; whether such funds must seek the permission of beneficial owners before lending their shares for such purposes; and if not, why not.

The FCA seeks to ensure that regulated firms provide adequate levels of disclosure to investors that invest in financial products, as well as the orderly functioning of these types of investment products.

As part of this, the FCA sets requirements for managers of authorised funds carrying out stock lending, including obligations that they make clear in the fund’s prospectus (the document provided to those considering investing in a fund) if the stocks in the fund they invest in may be lent on to others. However, the FCA does not require fund managers to then seek the permission of fund investors before lending their stock in each individual case. Under FCA rules, managers of authorised funds can only lend the stocks in these funds for the account of and for the benefit of the fund and in the interests of unitholders. The manager must be satisfied that any stock lending is appropriate for generating additional income for the fund at an acceptable degree of risk.

More broadly, the FCA is responsible for enforcing the Short Selling Regulation (SSR), which regulates short selling practices while safeguarding companies and the financial system. It imposes a disclosure regime on those who have reportable net short positions to the Financial Conduct Authority (FCA) and to the public and provides the FCA with powers to suspend short selling or limit transactions when there are significant reductions in the price of certain instruments from the previous day’s closing price. Additionally, the Treasury and FCA both have powers under the Regulation to address adverse events that pose a serious threat to market confidence or financial stability.