Naked Shorts' days are numbered, see SEC response below:
Thank you for contacting the SEC.
As you may know, both the Commission and self-regulatory organizations have been focusing for some time on short sale regulation. The Commission recently adopted amendments to its rules governing short selling, now consolidated in Regulation SHO. While naked short selling is not per se illegal, Regulation SHO seeks to address the problem of manipulative or abusive naked short selling, among other things. Recently, the Commission voted to eliminate the "grandfather" clause of Regulation SHO in order to further reduce the number of fails to deliver. The amendment will be effective on October 15, 2007. For more information, please see http://www.sec.gov/news/press/2007/2007-...
Please be assured that the Commission is committed to detecting and prosecuting violations of the federal securities laws, including violations of Regulation SHO; we cannot comment, however, on what specific actions we may take. In the event that the SEC brings an action for violation of Reg SHO or another provision of the federal securities laws, that information will be made publicly available through a litigation or administrative proceedings release.
I also note that, in general, a company’s continued appearance on the threshold list does not necessarily constitute a violation of Regulation SHO. Regulation SHO does not limit the amount of time a company can be on the list. Regulation SHO includes a 13 day requirement for the close-out of fail to deliver positions. Because a stock have been on the list for more than 13 days does not necessarily mean that any individual fail position has persisted for more than 13 days. The recent amendments to Regulation SHO permit previously-excepted grandfather positions that are threshold securities as of October 15, 2007 be closed out within 35 settlement days. For more information on the rule’s requirements, please see Section II.5 of the enclosed document from the Division of Market Regulation entitled “Responses to Frequently Asked Questions Concerning Regulation SHO” (December 17, 2004, updated July 6, 2007), http://www.sec.gov/divisions/marketreg/m...
Once again, thank you for your letter. I hope this information proves helpful to you. If you have any questions, please do not hesitate to contact Ann H. Sulzberg, an attorney on my staff, at (202) 551-6308.
Ann H. Sulzberg Special Counsel U.S. Securities and Exchange Commission Office of Investor Education and Advocacy (202) 551-6308
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.