Financial Rules

South Korea indicts Bnp Paribas for illegal short selling

Following the financial authorities' fine of more than 20 million to the French institution and Hsbc, South Korean prosecutors indicted the former for allegedly violating short selling rules

by L.Ca

2' min read

2' min read

South Korean prosecutors indicted Bnp Paribas SA for allegedly violating the rules on short selling. Sources close to the parties tell Bloomberg.

The French bank was, in fact, accused last week of violating the Capital Markets Act. The transactions of the global investment bank that were the subject of the indictment allegedly took place between September 2021 and May 2022 with a value of 18 billion won (USD 13 million). According to the prosecution, the traders allegedly repeatedly engaged in violations of short selling rules over 'a long period'. Both Bnp Paribas and the prosecutor's office had no official comment.

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However, Regal Funds Management Pty Ltd., one of Australia's largest hedge funds, had said last week that it and a former employee had been indicted for an alleged breach of securities trading regulations in 2019. Regal has denied the allegations and is considering his position under South Korean law.

The prosecutors' charge came after Bloomberg News reported last December that Korean financial regulators had imposed a total fine of 26.5 billion won (over $20 million) on Bnp Paribas, its domestic brokerage unit and Hsbc Holdings Plc for short selling. Hsbc's Hong Kong unit and three of its traders were indicted by Korean prosecutors on charges of illegal short selling in March.

The financial sector has come under closer scrutiny in Korea since the Asian country banned short selling on its stock market a year ago. Banks, including Credit Suisse Singapore Ltd. as well as hedge funds such as Segantii Capital Management Ltd. and Jane Street Group LLC, have also faced investigations and fines as a result of the 'crackdown'.

BNP Paribas shares fell 0.3 per cent in early trading on Friday, reducing gains so far this year to around 4 per cent.

In the second quarter, the Paris-based bank's equity traders made more money than their fixed-income peers for the first time, highlighting the unit's growth in recent years. Revenues from buying and selling equity derivatives and providing prime brokerage services rose 57 per cent to EUR1.15 billion (USD1.2 billion) in the period, the bank reported in July.

According to its annual report, Bnp Paribas employed 318 people in Korea last year, generating revenues of EUR 133 million. The bank will publish its third quarter earnings on 31 October.

South Korea has decided to extend a market-wide ban on short selling of shares until the first quarter of 2025, as the government focuses on developing a system to control illicit trading practices. "The ban on short selling," the Financial Services Commission (FSC) had said about a month ago, "will be extended until 30 March 2025 to establish an electronic system to prevent short selling and alleviate concerns about such practices that hinder fair pricing in the securities market. The aim, said Financial Services Commission Chairman Kim Byoung-hwan - is to allow the strategy on all equities, not just a limited number of stocks.

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