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Thursday, March 03, 2011 9:32:35 AM
A minor correction to my earlier post - Final Rule 204 went into effect July 31, 2009.
Application to All Equity Securities
Consistent with temporary Rule 204T, the close-out requirements of Rule 204 apply to
fails to deliver in all equity securities. As discussed in the Rule 204T Adopting Release, this
requirement differs from the close-out requirement of Rule 203(b)(3) of Regulation SHO that
applies the close-out requirements of that rule only to those securities with a large and persistent
level of fails to deliver, i.e., threshold securities.87
A purpose of Rule 204 is to help limit the use of “naked” short selling as part of a
manipulative scheme. To achieve this purpose, we are applying the rule to all equity securities,
regardless of the level or persistence of any fails to deliver in such securities. In addition, as
discussed above, we believe that all sellers of equity securities should promptly deliver, or
arrange for delivery of, securities to the respective buyer and all buyers of securities have a right
to expect prompt delivery of securities purchased. We believe this should be the case for sales in
all equity securities and are adopting this rule to further that goal.
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