Transcript Malaysia
Securities Borrowing & Lending & Regulated Short Selling in Malaysia PASLA Conference - March 2014 Framework SECURITIES BORROWING AND LENDING (SBL) • There are currently two SBL models; SBL – Central Lending Agency (SBLCLA) Model where the Clearing House acts as the central lending agency for all SBL activities. SBL – Negotiated Transaction (SBLNT) that offers an option to borrow and lend on an over-the-counter (OTC) basis. Page 14 Framework (Continued) SECURITIES BORROWING AND LENDING (SBL) MODELS SBL Central Lending Agency (CLA) Model Principal relationship Principal relationship Lend Information- Lend Information Fee Fee TCP NTCP Shares Shares TCP = Local Brokers NTCP = Local Custodians Lending Representative (LR) DESIGNATED TCP CDS A/C RSS Trades Potential Fail Trades Bursa Securities Clearing (CH) Borrowing Representative (BR) – Local Broker NTCP Borrowers Fee Collateral DESIGNATED MM ETF CDS A/C PSS Trades (AB is a PD for ETF) Borrow Information Approved Borrower (AB) TCP AL’s CDS A/C Shares TCP = Local Brokers NTCP = Local Custodians DESIGNATED RSS/SBL CLR CDS A/C Borrow Information Lend Information TCP Fee Authorised Borrower(AB) (TCPs) Principal relationship through OTC SBL Agreement Lend Information Approved Lender (AL) Bursa Securities Clearing (CH) Collateral Lender’s CDS A/C SBL Negotiated Transaction (NT) Model Borrow Information Borrow Information Lending Agent (LA) Lender Principal relationship DESIGNATED RSS/SBL CDS A/C RSS Trades DESIGNATED MM-ETF CDS A/C PSS Trades (AB is a MM for ETF) Page 15 Recent Changes in SBL 1) New Regulation and Withholding From Buying-in Facility i) The introduction of a new Regulation to allow Sale before Recall In general, a person must not sell securities unless he has reasonable grounds to believe he has a right to vest the securities in a purchaser. A new Regulation was introduced on 9 January 2012 which allows SBL lenders to sell the loaned securities before recalling the loaned securities from the borrower provided the sale of the loaned securities is settled on the settlement date (T+3). ii) The introduction of Withholding From Buying-in Facility The obligation to deliver the shares by Lender for the “Sell” transaction is on T+2, whereas the Loan Return arising from a recall can only be initiated by a SBL Borrower on T+3 when the securities purchased from the market are credited into his account. This will result in Lenders being unable to deliver for the “Sell” transaction on T+2. The following diagram gives an illustration of this process: T 1 Lender 2 Sells Loaned Securities Recalls Loan Receive Recall Notice Purchase Securities For 4 Return to Lender T+1 T+2 7 Need to deliver loaned securities for settlement (cut off by 4.30pm) 3 Borrower T+3 5 Received securities during settlement (after midnight) Receive Recalled loaned securities after the settlement delivery deadline 6 Return loaned Securities to Lender Page 6 Recent Changes in SBL (Continued) What happens with the introduction of the Withholding From Buying-in Facility? This facility is to provide SBL Lenders to withhold their sell transaction from being bought-in when the SBL loaned securities is sold and recalled on the same day. The withholding from buying-in will be effective for one (1) business day only (T+3). The following diagram gives an illustration of the withholding from buying-in process: T Sells Loaned Securities Lender Recalls Loan T+1 and T+2 Lending Agents/Representatives will have to enter the Withholding From Buyingin request into the SBL system T+3 Withholding from buying-in effected T+4 Lender will be subjected to buying-in if SBL recalled securities is not delivered The introduction of the Withholding From Buying-in Facility was implemented to the 2 SBL systems on the following dates: SBLNT - 13 January 2012; and SBLCLA - 30 March 2012. Page 7 Recent Changes in SBL (Continued) 2. Exemption of Substantial Shareholding Reporting Substantial shareholding reporting is a requirement when an investor has an interest of 5% or more of the aggregate (total) voting shares in a company. As SBL is deemed to be a loan the Companies Commission of Malaysia has exempted this reporting requirement for Lenders. 3. Liberalisation of Criteria for Eligible/Approved Securities for SBL and RSS With this liberalisation, there is a remarkable increase in the number of Eligible/Approved Securities for SBL and RSS, from 100 previously to 218 currently. 4. Permitted An Approved Reasons For Transfer Arising From Corporate Actions This permits a borrower to return the relevant securities received arising from corporate actions back to lender under the No Change In Beneficiary Owner approved reasons. 5. Publication on the Exchange website Daily RSS trades are currently published on the Bursa Malaysia’s website SBL – Monthly Outstanding Position RM’Millions RM1,699,069,665 1800 1600 1400 1200 1000 800 600 400 200 0 Jan-12 Total Value 3.7 (RM' Million) Feb- MarMayAug- SepNov- DecFeb- MarMayAug- SepNov- DecApr-12 Jun-12 Jul-12 Oct-12 Jan-13 Apr-13 Jun-13 Jul-13 Oct-13 12 12 12 12 12 12 12 13 13 13 13 13 13 13 3.9 4 5 195 251 277 295 390 445 361 450 410 442 513 488 487 640 690 1,188 1,111 1,558 1,610 1,699 Notes: • Based on market value of outstanding loans as at last trading day of the month 7 RSS Monthly Trading Activities RM’Millions 350 300 250 200 150 100 50 0 Jan-12 RSS Value (RM' Million) 0 Feb- MarMayAug- SepNov- DecFeb- MarMayAug- SepNov- DecApr-12 Jun-12 Jul-12 Oct-12 Jan-13 Apr-13 Jun-13 Jul-13 Oct-13 12 12 12 12 12 12 12 13 13 13 13 13 13 13 0 0 0.7 35 48 24 22 59 50 23 71 14 53 55 127 70 293 73 283 176 156 193 211 8 RSS Value vs Market Value December 2013 Average daily market RSS value RM10,024,108 Average daily market value RM1,507,205,070 % of RSS value vs Market Value 0.66% Page 14 Challenges Insufficient number of lenders to meet the demands of existing borrowers Lack of understanding and awareness Page 14 Thank You DISCLAIMER : Bursa Malaysia and its Group of Companies (the Company) reserve all proprietary rights to the contents of this presentation. Whilst the Company endeavours to ensure that the contents in this presentation are accurate, complete or have been obtained from sources believed by the Company to be accurate and reliable, neither the Company nor the presenter make any warranty, express or implied, nor assume any legal liability or responsibility for the accuracy, completeness or currency of the contents of this presentation. In no event shall the Company be liable for any claim, howsoever arising, out of or in relation to this presentation." © Bursa Malaysia 2013