A Step In The Right Direction , Finally !
posted on
Sep 17, 2008 07:34AM
Reuters
SEC issues rules against abusive short sales
Wednesday September 17, 10:21 am ET
The SEC's new rules, which include a requirement to deliver a security by the settlement date, are effective on Thursday.
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Short sellers and their broker dealers are now required to deliver securities by the close of business on the settlement date, which is three days after the sale, or they will face penalties.
Broker-dealers failing to comply will be prohibited from further short sales in the same security unless the shares are pre-borrowed. That prohibition on the broker-dealer's activity will also apply to all short sales for any customer.
The SEC also adopted a rule that deems it fraudulent for customers to deceive broker-dealers about the intention or ability to deliver securities in time for settlement.
The third measure the SEC adopted requires option market makers to deliver securities by settlement date.
A "naked" short sale occurs when an investor sells stock that has not yet been borrowed.
Broker-dealers will sometimes accidentally fail to deliver stock to investors who have arranged to borrow it. If this is done intentionally, it is already illegal.
Ric