The emergency measure meant to protect shares of 19 financial companies from abusive short-selling is set to expire tomorrow. The SEC has said that it will not extend the rule. Instead, it plans to propose a new rules on short-selling that will apply across all US equities markets. But that rule could be months in the offing.
It's not clear what effect the emergency rule had. Some market participants say the requirement that short sellers manually locate and pre-borrow shares slowed down short trading. Others say that shares in every one of the 19 protected companies--including mortgage giants Fannie Mae and Freddie Mac and Lehman Brothers--were widely available for borrowing, and that any slow down was minimal.
The new rules could take a variety of forms. A reintroduction of the old uptick rule, which required short sellers to wait for stocks to move higher before they added a short position, is unlikely. But some say a modified uptick rule, essentially a circuit breaker that would prohibit shorts if a stock was rapidly declining, may be introduced. Other possibilities include mandatory disclosure of short positions and the application of some version of the emergency rule to all shares traded on US exchanges.
One dark-horse possibility emerged recently in Pakistan, where some investors recently urged that a ban on all stock declines be adopted. Freddie Mac chief executive Richard Syron could not be reached for comment.






Posted by Anal_yst , Aug 11, 2008 4:19PM
Pakistan def has the right idea. Asset prices always and only go up UP UP! Thats what my realtor told me at least
Posted by guest , Aug 13, 2008 9:43AM
John, I think you missed the point of this excercise.
The level of short sales reported in each of the 19 stocks was significantly reduced. The reason for this is quite simple. while shares were readily available for short sellers who intended to borrow to settle on a long term play the sales continued. For those short sellers intent on day trading the stock, with no intent on borrowing the stock or paying the fee associated with the borrow, the trading was significantly reduced.
Those that short sell as rapid trading day traders are not taking a position in a company but trading in a manner intended to create temporary chaos that results in profit. For example, SAC Capital is responsible for 3% of the daily trade volume for the NYSE and 1% for the NASDAQ. Do you really think these trades are long term positions?
Day trading shorts can take a tidbit of negative news and move a market such that this tidbit of minor negativity can be openly perceived as a catastrophy to the markets by creating a sell side panic.