InvestorsHub Logo
Followers 10
Posts 1274
Boards Moderated 0
Alias Born 06/24/2003

Re: None

Friday, 10/17/2008 3:48:21 PM

Friday, October 17, 2008 3:48:21 PM

Post# of 157299
FYI.....

October 17th...

Amendments to Regulation SHO (Interim final temporary rule)
http://www.sec.gov/rules/final/2008/34-58773.pdf

SUMMARY: The Securities and Exchange Commission (“Commission”) is adopting an interim final temporary rule under the Securities Exchange Act of 1934 (“Exchange Act”) to address abusive “naked” short selling in all equity securities by requiring that participants of a clearing agency registered with the Commission deliver securities by settlement date, or if the participants have not delivered shares by settlement date, immediately purchase or borrow securities to close out the fail to deliver position by no later than the beginning of regular trading hours on the settlement day following the day the participant incurred the fail to deliver position. Failure to comply with the close-out requirement of the temporary rule is a violation of the temporary rule. In addition, a participant that does not comply with this close-out requirement, and any broker-dealer from which it receives trades for clearance and settlement, will not be able to short sell the security either for itself or for the account of another, unless it has previously arranged to borrow or borrowed the security, until the fail to deliver position is closed out.

Effective Date: October 17, 2008 except §242.204T is effective October 17, 2008 until July 31, 2009


“Naked” Short Selling Antifraud Rule (Proposed Rule)
http://www.sec.gov/rules/final/2008/34-58774.pdf

SUMMARY: The Securities and Exchange Commission (“Commission”) is adopting an antifraud rule under the Securities Exchange Act of 1934 (“Exchange Act”) to address fails to deliver securities that have been associated with “naked” short selling. The rule will further evidence the liability of short sellers, including broker-dealers acting for their own accounts, who deceive specified persons about their intention or ability to deliver securities in time for settlement (including persons that deceive their broker-dealer about their locate source or ownership of shares) and that fail to deliver securities by settlement date.

Effective Date: October 17, 2008.


17 CFR PARTS 241 AND 242 [Release No. 34-58775; File No. S7-19-07]
Amendments to Regulation SHO (Final rule)
http://www.sec.gov/rules/final/2008/34-58775.pdf

SUMMARY: The Securities and Exchange Commission (“Commission”) is adopting amendments to Regulation SHO under the Securities Exchange Act of 1934 (“Exchange Act”). The amendments are intended to further reduce the number of persistent fails to deliver in certain equity securities by eliminating the options market maker exception to the close-out requirement of Regulation SHO. As a result of the amendments, fails to deliver in threshold securities that result from hedging activities by options market makers will no longer be excepted from Regulation SHO’s close-out requirement. The Commission is also providing guidance regarding bona fide market making activities for purposes of the market maker exception to Regulation SHO’s locate requirement.

EFFECTIVE DATE: October 17, 2008.

17 CFR Parts 240 and 249 [Release No. 34-58785; File No. S7-31-08]
DISCLOSURE OF SHORT SALES AND SHORT POSITIONS BY
INSTITUTIONAL INVESTMENT MANAGERS
http://www.sec.gov/rules/final/2008/34-58785.pdf

SUMMARY: The Commission is adopting an interim final temporary rule requiring certain institutional investment managers to file information on Form SH concerning their short sales and positions of section 13(f) securities, other than options. The new rule extends the reporting requirements established by our Emergency Orders dated September 18, 2008, September 21, 2008 and October 2, 2008, with some modifications. The extension will be effective until August 1, 2009. Consistent with the Orders, the rule requires an institutional investment manager that exercises investment discretion with respect to accounts holding section 13(f) securities having an aggregate fair market value of at least $100 million to file Form SH with the Commission following a calendar week in which it effected a short sale in a section 13(f) security, with some exceptions.

Effective Date: §§ 240.10a-3T, 249.326T and temporary Form SH are effective from October 18, 2008 until August 1, 2009.

Join the InvestorsHub Community

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.