Quote from Cutten:
Puts don't have FTDs.
Do you think BSC would have survived if people had to get locates before shorting? It's not exactly hard to put on a synthetic.
Shorting isn't want vaporized BSC's liquidity in 3 days.
Puts create FTD'
s w/ the MM exemption. Read (or Listen) to Najarian. It's the speed. The speed at which it happens. And if there is no limit on the shares..........
http://www.cnbc.com/id/15840232?video=821648767&play=1
Becky Quick: Welcome back. You know, the SECâs emergency ruling tightening regulation against naked short selling in 19 major U.S. financial stocks expires tomorrow, but now comes that question about what effect the temporary prohibition actually had on the markets. Joining us right now is David Tice. Heâs the Prudent Bear Funds portfolio manager and John Najarian who is OptionsMonster.comâs co-founder. Gentlemen, thank you for being here.
David, what effect did this ruling have?
David Tice: Well it really had very little effect on the longer term or intermediate term short sellers, Becky. Weâve always been required to have the stock borrowed as of the settlement date and we had to have the shares located as of the trade date.
The rule change required you to have actually borrowed or arranged to have borrowed by the trade date. Now the prime brokers, therefore, had to dot more Iâs, cross more Tâs by the trade date. They actually required some people to talk to a person rather than â and they actually discontinued some of the automated systems.
Therefore it impeded some of the very fast day traders I think in short selling, but not the typical hedge fund.
Becky Quick: Although, David, arenât there cases in some stocks where it would have a significant effect? Weâve heard in the past there there were cases where there were more shares shorted than existed.
David Tice: Well, not in the 19 financials though, Becky, but itâs certainly if this is applied to other stocks down the road, it certainly could.
Becky Quick: And John, what about you? Do you think this is likely that this rule will be extended or brought against other stocks as well?
John Najarian: Well, I think Davidâs dead on, but in the longer term or even intermediate term it really has no effect, but short-term because of the repeal of the Uptick Rule July 6th last year and the algorithmic trading, the electronic trading that goes on. When you just change those two words, best efforts to secure and locate, you just took those two words out of the statement.
All of a sudden, people can aggressively short and push at an accelerated pace, like that book The Tipping Point. When you take all three of these and put them together, the speed and then the Uptick Rule being pushed aside, then you have actually a tipping point that caused the acceleration in selling and I think that was the problem.
Itâs a very short-term phenomenon. Youâve seen that Freddie and Fannie are basically back down near the lows that theyâve been at for the last 52 weeks. So it didnât stop people from getting in there, but it just stops those one day runs where you can see 30 or 40 percent of the stocks value evaporated.
Becky Quick: David, weâve heard from other sources from other places that there are certainly â there are people who think that this is part of the reason the financials have done as well as they have since these rules were put in place so that if you took it out thereâd be a huge drop in some of these financial stocks. Do you think thatâs going to happen?
David Tice: Itâs hard to say, Becky. I really think that market dynamics caused this increase and thereâs certainly been huge rallies, but as John said, Fannie and Freddie are back close to their lows. I donât think this going away tomorrow is going to necessarily cause these stocks to revisit. Their fundamentals are pretty bad by themselves.
Becky Quick: In that case are you saying you wouldnât care if this was extended, if the rules themselves were brought and extended. The SEC has said in the past they wouldnât do it, but what happens if tomorrow they change their minds?
David Tice: Well, we hear from the New York Post this morning that itâs likely new policies are going to be invoked, may be in effect at the end of the year or so for a lot of stocks. So I do think thatâs coming. But I donât think itâs going to make that much of an effect, but as John said, it has affected the short-term day traders.
Becky Quick: And John, real quickly, last word on this. You say the Uptick Rule is the most important thing.
John Najarian: Well, they either need something to slow down those very quick panics that they can create, Becky. The Uptick Rule did a little bit of that. This best efforts to secure and borrow does some of that. They have to do a mix of the two or one or the other or weâre going to go right back to where we were as far as being able to create a panic and then push on it.
Becky Quick: Alright; gentlemen, thank you very much for joining us. Appreciate it.
[End of Audio]
Attachment 1: 2008.08.12 (CNBC) SEC Short-Selling Rule Expires.pdf (application/pdf)