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SEC stiffens rules on 'naked' short selling
Agency had been criticized by top lawmaker for inaction
By Robert Schroeder, MarketWatch
Last update: 11:03 a.m. EDT Sept. 17, 2008
WASHINGTON (MarketWatch) -- The Securities and Exchange Commission issued new rules Wednesday aimed at protecting investors from so-called "naked" short selling of securities as the U.S. financial sector is experiencing one of its biggest shake-ups in history.
The agency required short sellers and their broker-dealers to deliver securities by the close of business on the settlement date, and said broker-dealers who violate the requirement will be prohibited from short sales in the same security unless certain conditions are met. See MarketWatch First Take commentary.
Regulators also made clear that those who lie about their intention or ability to deliver securities in time are breaking the law when they fail to deliver.
"These several actions today make it crystal clear that the SEC has zero tolerance for abusive naked short selling," SEC Chairman Christopher Cox said in a statement Wednesday.
A day earlier, Senate Banking Committee Chairman Christopher Dodd publicly criticized Cox for what he said was inadequate action on naked short selling.
"I've been disappointed," Dodd told reporters on Tuesday afternoon. "Where's the chairman of the Securities and Exchange Commission?"
Short selling itself isn't illegal. But "naked" shorting can allow market-manipulators to force prices down much lower than would be possible in a legitimate short sale.
In an abusive naked short sale, according to the SEC, the seller doesn't borrow a stock, as would happen in an ordinary short sale. The seller also fails to deliver the stock to the buyer.
In a regular short sale, the seller borrows a stock and sells it, with the understanding that the loan has to be repaid by buying the stock.
The agency's rules go into effect Thursday morning.
The American Bankers Association applauded the agency's new rules but said they may not go far enough to protect banks from abusive practices. End of Story
SEC stiffens rules on 'naked' short selling
Agency had been criticized by top lawmaker for inaction
By Robert Schroeder, MarketWatch
Last update: 11:03 a.m. EDT Sept. 17, 2008
WASHINGTON (MarketWatch) -- The Securities and Exchange Commission issued new rules Wednesday aimed at protecting investors from so-called "naked" short selling of securities as the U.S. financial sector is experiencing one of its biggest shake-ups in history.
The agency required short sellers and their broker-dealers to deliver securities by the close of business on the settlement date, and said broker-dealers who violate the requirement will be prohibited from short sales in the same security unless certain conditions are met. See MarketWatch First Take commentary.
Regulators also made clear that those who lie about their intention or ability to deliver securities in time are breaking the law when they fail to deliver.
"These several actions today make it crystal clear that the SEC has zero tolerance for abusive naked short selling," SEC Chairman Christopher Cox said in a statement Wednesday.
A day earlier, Senate Banking Committee Chairman Christopher Dodd publicly criticized Cox for what he said was inadequate action on naked short selling.
"I've been disappointed," Dodd told reporters on Tuesday afternoon. "Where's the chairman of the Securities and Exchange Commission?"
Short selling itself isn't illegal. But "naked" shorting can allow market-manipulators to force prices down much lower than would be possible in a legitimate short sale.
In an abusive naked short sale, according to the SEC, the seller doesn't borrow a stock, as would happen in an ordinary short sale. The seller also fails to deliver the stock to the buyer.
In a regular short sale, the seller borrows a stock and sells it, with the understanding that the loan has to be repaid by buying the stock.
The agency's rules go into effect Thursday morning.
The American Bankers Association applauded the agency's new rules but said they may not go far enough to protect banks from abusive practices. End of Story