Our articles are written by experts in their field and include individual barristers, solicitors, academics, judges, and leading firms in relevant areas of practice. JIBFL offers authoritative insights into global banking and financial law, providing essential updates for legal practitioners and policymakers. Covering key topics like lending, security interests, derivatives, debt capital markets, banking and finance related disputes, crypto, FinTech and financial regulation, JIBFL serves as a trusted resource for navigating complex legal challenges and staying informed in the financial sector. If you would like to contribute, please email .

A contradiction of terms: is stock-lending compliant with the ethos of an ESG fund?

25 March 2024 / Author(s): Hanif Virji
Issue: June 2022 / Categories: Feature

The market share of ESG funds is rising rapidly and by some estimates is set to become a third of the total market as measured by assets under management. Many questions around ESG funds have yet to be resolved. There is active debate about the issues between, amongst others, asset managers, investors, regulators, lawmakers, scientists and pressure groups. However, some questions can be answered immediately. An ESG fund which shorts a stock which it would deem to be environmentally sound, or, more likely, lends it to another fund to short is acting against the principles of the ESG ethos which attracted its investors in the first place. This is because there is a tension between portfolio returns and environmental concerns. There is a risk of accusation of mis-selling resulting in litigation and censure by the regulator unless the fund’s modus operandi and their rationale are explicit.

If you are already a User, sign in
Or you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Alternatively you can subscribe here to read unlimited content.