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Monday, September 25, 2017 4:29:02 PM
http://tradetheticker.blogspot.com/2014/02/question-what-is-250-rule.html
Besides MM's that can short and do short daily to make a market, there exists another alternative called "short selling against the box".
This practice can be done by a noteholder that shorts the proxy shares that they possess. This used to be more commonplace prior to 1997, as back then it was used for deferring a taxable event.
http://www.investopedia.com/terms/s/sellagainstthebox.asp
Despite the change in tax law, shorting against the box continues today.
For example, a noteholder that holds a convertible note that hasn't yet matured would be inclined to "short against the box" when the SP has gone on to run without them and is expected to retrace. So with this outcome, the noteholder will short against the box to ensure they catch "the gains" on the backside.
Point is, shorting selling penny stocks is very real and it is done with sophistication.
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