The Journal reports that the Securities and Exchange Commission has issued new rules aimed at curbing “a certain type of short-selling.” Starting at 12:01 a.m. EDT on Thursday, short sellers and brokers must deliver securities borrowed for short sales on the trade settlement date, three days after the transaction, or face the wrath of Chris Cox. Additionally, the SEC closed the loophole that allowed market-makers to use naked shorting to smooth out temporary trading imbalances (the hole will officially be plugged five days after it is published in the Federal Register). Finally, Cox and Co. passed an anti-fraud rule aimed at short sellers who lie about their ability to deliver borrowed securities.
The full threshhold list of stocks on which the shorting restrictions apply can be found here.

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Comments (51)

  1. Posted by guest | September 17, 2008 at 10:47 AM

    I’m a big fan of short selling. But I respectfully disagree with you on this one.
    To wit:
    53. Is it possible.
    If domestic hedge funds can be considered culprits in the bear run on BSC, why not any other entity with sub.stan.tially deeper pockets and an ideological commitment to the destruction of The Great Satan?
    Why is everyone afraid to consider the likeliest explanation?
    Allowing naked shorting in this environment is like giving free jet-pilot lessons to al quaeda.

  2. Posted by guest | September 17, 2008 at 10:48 AM

    I just have to say, when I saw the headline, I knew it was B. Levin, without even seeing the “byline.”
    I respectfully submit that you really should stick to fashion.

  3. Posted by guest | September 17, 2008 at 10:49 AM

    What about the Uptick Rule?

  4. Posted by mj | September 17, 2008 at 10:50 AM

    This wont affect funds like Greenlight who take large well-researched directional postions so are able to plan to pre-borrow the stocks. It will hit daytrading desks esp at small bd’s who play the vol all day. I’m find with that.

  5. Posted by guest | September 17, 2008 at 10:53 AM

    What about the Uptick Rule?

  6. Posted by guest | September 17, 2008 at 10:53 AM

    wait what? anyone know how this will effect options pricing with market makers unable to hedge delta?

  7. Posted by guest | September 17, 2008 at 10:53 AM

    What about the Uptick Rule?

  8. Posted by guest | September 17, 2008 at 10:55 AM

    I am also find with that.

  9. Posted by guest | September 17, 2008 at 10:56 AM

    I don’t really comment on typos, but WTF does the last sentence say?

  10. Posted by guest | September 17, 2008 at 10:59 AM

    IT’S ABOUT TIME

  11. Posted by guest | September 17, 2008 at 11:00 AM

    Fuck Cox. What about the Uptick Rule?

  12. Posted by guest | September 17, 2008 at 11:02 AM

    9: does ” …short sellers who lie about… ” work for you ?

  13. Posted by guest | September 17, 2008 at 11:04 AM

    This will hurt the options industry quite a lot, but in the long term will probably result in better ways to borrow stock (think Liquidnet, Quadriserve…)

  14. Posted by guest | September 17, 2008 at 11:07 AM

    So will the baddies strike while the iron is hot? Could MS be shorted into the ground before the rules are enacted?

  15. Posted by guest | September 17, 2008 at 11:13 AM

    none of these stocks were hard to borrow when they got plastered. This didn;t make a sh*ts difference when they tried it the first time. the Buy in on settlement rule is the only change. DumB

  16. Posted by guest | September 17, 2008 at 11:13 AM

    enough already! any possiblities that these ground-breaking, earth-shattering, upheavels on wall street be linked to something fun, like a Jeff Epstein massage, or an Eliot Spitzer manicure. We’re all getting bummed out, and we need to celebrate the last days of summer. How about a change of content.

  17. Posted by guest | September 17, 2008 at 11:13 AM

    Cramer is talking about a list of stocks which accompanies this new rule. Does anyone know where I can find this list? TIA

  18. Posted by guest | September 17, 2008 at 11:14 AM

    @9 “threshold security” is a defined term

  19. Posted by guest | September 17, 2008 at 11:14 AM

    WTF is up with the TED spread.
    http://www.bloomberg.com/apps/quote?ticker=.TEDSP:IND
    Is LIBOR too high? Or are 3-mo Bills too low? Or both?

  20. Posted by guest | September 17, 2008 at 11:16 AM

    @17: “@17: The full threshhold list of stocks on which the shorting restrictions apply can be found here (http://www.nasdaqtrader.com/Trader.aspx?id=RegSHOThreshold).”

  21. Posted by guest | September 17, 2008 at 11:16 AM

    Banks don’t want to lend to each other and Fed has lost ability to control rates

  22. Posted by guest | September 17, 2008 at 11:18 AM

    I heard the 1-mo traded negative 1 basis point this morning. Is that even possible?!
    Hahaha

  23. Posted by Anal_yst | September 17, 2008 at 11:19 AM

    This is pretty stupid but I still can’t for the life of me comprehend (besides the weak technology infrastructure in place still at many participants) why equities still settle t+3
    besides that, why pummel MS? I haven’t read their whole release, but it looked pretty decent, especially in the context of whats happening. Shorts are really gonna end up shooting themselves in the foot when theres no-one left to be counterparty to their trades, no PB’s left, etc…
    myopia here is ridiculous

  24. Posted by guest | September 17, 2008 at 11:22 AM

    MAYOOOOOO

  25. Posted by guest | September 17, 2008 at 11:23 AM

    MAYOOOOOO

  26. Posted by guest | September 17, 2008 at 11:23 AM

    MAYOOOOOO

  27. Posted by guest | September 17, 2008 at 11:24 AM

    MAYOOOOOO

  28. Posted by guest | September 17, 2008 at 11:24 AM

    GS just getting crushed…..

  29. Posted by guest | September 17, 2008 at 11:25 AM

    The uptick rule is absolutely untenable in this age of electronic trading. Cramer’s an idiot.
    Watch an active stock trade with a good Level II quote monitor. The number of trades per second goes north of 100 very often, with trades occurring on many different venues.
    There’s no way to actually implement a real uptick rule. The uptick rule is simply an anachronism that didn’t even work well when stocks traded on the specialist system at the NYSE.
    I also have to say that that the shareholders’ selling of these stocks contributes *far more* downward pressure to stock prices than short seller sales.

  30. Posted by guest | September 17, 2008 at 11:26 AM

    GS Oct 50s at $5.
    -retail

  31. Posted by guest | September 17, 2008 at 11:27 AM

    Massive money fund redemptions hitting the USD hard right now.
    Everyone just wants to get into short-term bills. This could get very nasty.

  32. Posted by guest | September 17, 2008 at 11:28 AM

    @ 6 market makers can hedge delta ON SHARES THAT CAN BE BORROWED.
    WTF is wrong with that?

  33. Posted by guest | September 17, 2008 at 11:30 AM

    @19 – BOTH…1) Libor is a bullsh!t # and 2)people are running from their money markets into treasuries

  34. Posted by guest | September 17, 2008 at 11:33 AM

    Lots of shiny happy people on http://www.nyse.com. would never know the stock market is tanking right now looking at this website.

  35. Posted by guest | September 17, 2008 at 11:34 AM

    MS trading at $17

  36. Posted by guest | September 17, 2008 at 11:40 AM

    When does SLM go?
    40x through common, 30x through pref, lots of private student on its books to go bad and still at >2x book.

  37. Posted by guest | September 17, 2008 at 11:42 AM

    @36 SLM doesn’t happen until after the election

  38. Posted by guest | September 17, 2008 at 11:53 AM

    the fucking horse has bolted

  39. Posted by diablo | September 17, 2008 at 12:08 PM

    TED spread is correlated to financial markets turbulence. Hope this time it doesn’t break the airplane into pieces…
    And Cox is a moron with no cojones. Ban naked short selling for the entire market, why only “protect” some companies in a list? With no principles, he should stay out of this. Why Paulson gets a little bit of sympathy from me (and he owes me some), Cox is a nothing.
    – diablo

  40. Posted by guest | September 17, 2008 at 12:09 PM

    @ChristopherCox…
    How about this for a new SEC rule…
    You can’t sell something you don’t already own.
    The Guy from Delaware

  41. Posted by guest | September 17, 2008 at 12:17 PM

    I first heard this on Fox Business around 9am ..called my pals and dumped positions. Fox had it right. Tough on shorts!!!

  42. Posted by guest | September 17, 2008 at 12:37 PM

    @40 – how about this you can’t buy something unless you can pay in FULL!

  43. Posted by guest | September 17, 2008 at 1:17 PM

    @#42…
    “You can’t buy something unless you can pay in FULL.”
    I like it. Your #42 and my #40 will cover ALL the buys and sells.
    diablo@#39…
    I agree with you. Cox is a clown.
    The Guy from Delaware

  44. Posted by guest | September 17, 2008 at 2:01 PM

    @ 39. you reason like someone who’se been on the street for a year, or who has never made a market, or read a book, or gets his information from bloomberg headlines.

  45. Posted by guest | September 17, 2008 at 2:02 PM

    @ 39 furthermore, do you even understand the difference between shorting borrowed shares and naked shorting?

  46. Posted by guest | September 17, 2008 at 2:03 PM

    And the SEC is far behind
    Down in the swamp with the gators and flamingos
    A long way from Liechtenstein
    I’m a junk bond king playing Seminole Bingo

  47. Posted by guest | September 17, 2008 at 2:19 PM

    What’s wrong, you scumbags?
    NSS has always been illegal. The scum at the SEC just hasn’t been enforcing the law.
    What should be done, is to retrace the transactions of many of you scum … and lock your corrupt asses up for a real long time,

  48. Posted by diablo | September 17, 2008 at 2:34 PM

    @45
    I had to go to the SEC press release to figure out exactly what Bess and the WSJ are really talking about. This is progress. But what took Cox so long? He’s a moron. Evil too.
    http://www.sec.gov/news/press/2008/2008-204.htm
    Short selling is OK, but naked short sales are not, no matter who does it, or to whom. I don’t care if you disagree with that.
    In my opinion there’s still too much wiggle room in this order. But who cares about my opinion?
    Clear now?

  49. Posted by guest | September 17, 2008 at 3:02 PM

    @40 – how about this you can’t buy something unless you can pay in FULL!

  50. Posted by guest | September 18, 2008 at 8:29 PM

    this is not the list of the stocks to which the rules apply.. this threshold list has been in effect for five or six years

  51. Posted by Bristol Airport Hotels | April 19, 2012 at 2:25 PM

    MfGkvC I value the post.Much thanks again. Great.

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