BaFin Updates Guidance on Net Short Positions

BaFin has updated its information page on the notification requirements under the EU Short Selling Regulation (Regulation (EU) No. 236/2012). The update relates to the planned integration of the European Single Access Point (ESAP) into the publication of net short positions.

From 10 July 2026, net short positions subject to publication will be published centrally via ESAP. In this context, entities subject to the notification requirement must submit their Legal Entity Identifier (LEI) to BaFin on a one-time basis. This does not create any additional reporting obligations.

However, BaFin clarifies that this new requirement does not replace the existing obligation to report to BaFin nor the publication requirement in the Federal Gazette (Bundesanzeiger). For new specialist procedure applications, the LEI must in future be entered in the application form under the details of the notifying entity and must be active.