Naked Short Selling

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Naked Short Selling

The sale of shares one has neither borrowed nor made arrangements to borrow. Under Regulation SHO, investors engaging in naked shorting much abide by a "locate" requirement and a "close-out" requirement. The locate requirement forces brokers to have reasonable grounds to believe that the short-sold security can be borrowed; the broker must document this prior to the security's sale. With some exceptions, the close-out requirement means that brokers who have failed to deliver a short-sold security for 13 days must purchase similar securities and present those instead. Naked shorting is very high risk.
References in periodicals archive ?
Reg SHO generally allows firms to track their positions in a security from certain trading operations or trading desks separately from other positions maintained at the firm through the use of an "aggregation unit.
The Company continues to remain on the REG SHO list indicating that there were at least 285,000 shares failing (based on the minimum threshold formula for being added to the list) at the close yesterday.
Reg SHO requires a broker or dealer to have reasonable grounds to believe that the security could be borrowed and available for delivery before accepting or effecting a short sale order.
Additionally, Reg SHO permits firms to reasonably allocate fail-to-deliver positions to its broker-dealer clients that caused or contributed to the firm's fail-to-deliver position.
In addition, RiskMaster aids compliance with a range of regulatory requirements such as REG SHO, Wash Sales, and REG NMS on a pre-trade basis.
Reg SHO requires a broker-dealer to have reasonable grounds to believe that the security could be borrowed and available for delivery before accepting or effecting a short sale order.
Short sellers and the broker dealers accepting their short sale orders will be monitored daily for compliance with the new Reg SHO requirements.
Some of the discussions will include: * Cutting edge developments in damage calculations Post DURA * SEC and NASD enforcement initiatives * Trends in settlements, mediation techniques, negotiating and valuing * NYSE Enforcement matters issued on stock loans, fee-based accounts, proxy, mutual fund market timing, Reg SHO, email retention and sales practice misconduct.
Short sellers and the broker dealers accepting their short sale orders are out-of-compliance with the new Reg SHO buy-in requirement at the time this report was generated.
We plan to include these important survey results in NIRI's upcoming Reg SHO comment letter to the SEC.
I attribute these problems to what I believe are millions of counterfeit shares of OSTK trading on NASDAQ, along with the SEC's turning a blind eye while refusing to disclose (and prohibiting NASDAQ from disclosing) the number of counterfeit shares landing us on the Reg SHO list every night.
Also excluded are transactions settling on the distribution day of a new issue, and transactions in issues undergoing a mandatory or voluntary reorganization, in CUSIPs with a CNS buy-in, and in securities appearing on one of the exchanges' lists of "threshold" securities under Reg SHO.