Friday, May 04, 2018 7:53:39 AM
S2focus Member Level Thursday, 05/03/18 05:54:30 PM
Re: None 0.020
Post # of 30622
FINRA regulation on NSS: I want everyone to read this paragraph and tell me how screwed these MMs are.
Therefore, while market makers (including options market makers) engaged in bona-fide market making will continue to be excepted from the locate requirement of Rule 203(b)(1), even when effecting short sales in threshold securities, we have decided at this time not to extend an exception to market makers from the requirements to close out fails to deliver in such securities that remain for thirteen consecutive settlement days. Moreover, as discussed previously, Rule 203(b)(3)(iii) provides that until the market maker, or the participant that clears for the market maker, takes action to close out any such fails to deliver that remain ten days after the normal settlement date, the market maker shall be unable to rely on the exception in Rule 203(b)(2)(iii) from the requirement to "borrow or arrange to borrow" for further short sales in such security.
IN SHORT, this means that the MMs CANNOT NSS the stock anymore until their original short positions have been covered. If they are unable to cover their short position on Monday the 7th from April the 18th then the stock will be flagged.
AT THAT POINT no more NSS will be authorized and all shares needed will have to be bought from the market.
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