SEC Said to Be Unlikely to Impose Short-Sale Ban on Every Stock
By Edgar Ortega and Jesse Westbrook
Sept. 13 (Bloomberg) -- The U.S. Securities and Exchange Commission is unlikely to expand to every stock the curbs imposed two months ago on naked short sales, three people familiar with the matter said.
Regulators are instead likely to focus on measures that would strengthen requirements that brokers deliver shares they sell short, said people familiar with the agency's thinking. SEC spokesman John Nester said staff may offer recommendations as early as this month, and declined to comment on specific plans.
The commission in July imposed an ``emergency'' order that expired last month limited to mortgage finance companies Freddie Mac, Fannie Mae and 17 brokerage firms. The rule, which triggered dozens of e-mails of support to the agency, required investors betting on a decline in stock prices to arrange to borrow the shares before completing the so-called short sale.
``The SEC is very likely going to get some negative comments from retail investors, but institutional investors that employ significant short-selling strategies, including hedge funds, are going to be very glad,'' said Sean O'Malley, a former SEC lawyer and now a partner at Goodwin Procter LLP in New York.
The American Bankers Association had urged the SEC to broaden the ban to include all publicly traded banks and bank holding companies. The Managed Funds Association, the largest hedge fund industry group, asked regulators not to renew the order, saying it damps legitimate trading.
Manipulative Investors
The SEC is concerned that manipulative investors may use the sales, which are legal in some circumstances, to drive down prices by flooding the market with orders to sell shares they don't have, or naked short selling. In traditional short sales, traders borrow shares that they sell. If the price drops, they profit by buying back the stock, repaying the loan and pocketing the difference.
Regulators may require that traders disclose to the agency short positions they have in stocks, said a person briefed on the SEC's plans. The U.K. Financial Services Authority required hedge funds and other speculators in June to reveal short positions equaling 0.25 percent or more of a company's shares during a rights offer.
The SEC staff also may shorten the time brokers have before they must step in and buy a company's stock to clear a short sale, said two people who declined to be identified because the conversations with regulators were private. The new rules may also eliminate an exemption that options market makers had from delivering shares of companies in the so-called threshold list.
Companies are listed when they have a high number of borrowed shares that have not been delivered to buyers. For those companies, the SEC mandates that brokers step in after 13 days to buy the stock. The SEC staff is considering shortening that time frame, two people said.
To contact the reporter on this story: Edgar Ortega in New York at
ebarrales@bloomberg.net; Jesse Westbrook in Washington at
jwestbrook1@bloomberg.net.
Last Updated: September 13, 2008 00:01 EDT