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Monday, July 16, 2012 1:28:22 AM
Technically, you may be correct - the RegSho site lists daily short sales.
Consider however:
Threshold securities only include issuers registered or required to file reports with the Commission ("reporting companies"). Therefore, securities of issuers that are not registered or required to file reports with the Commission, which includes the majority of issuers on the Pink Sheets, cannot be threshold securities. This is because the SROs need to look to the total outstanding shares of the issuer in order to calculate whether or not the securities meet the definition of a "threshold security." For non-reporting companies, reliable information on total outstanding shares is difficult to determine.
On Friday, there were 3,100,000 "shorts" reported by FINRA on the daily short report:
Date . . Symbol . . Short . .Total Trades
20120712|EVRM|3100000| . 3248057|
http://regsho.finra.org/FORFshvol20120712.txt
EVRM is not on the Threshold Securities List, and MMs intend to keep it that way, as with many of the pinks, IMO:
Mandatory Close-Outs of Threshold Securities.
Regulation SHO requires broker-dealers to close-out all failures to deliver that exist in threshold securities for thirteen consecutive settlement days by purchasing securities of like kind and quantity ("close-out").
While "regular" short shares may be covered in a timely manner, NSS do not get covered in a few days. Has EVRM shown any unusual pattern of "shorts" on higher volume days? Naked Shorts are illegal and not readily "viewable" except by forensic review, which are too costly for most pinks to combat in the courtroom. Use some common sense here. The SEC did not implement Reg Sho because there was no problem with companies being Naked Shorted. It did so to take away the criticism that it wasn't doing anything to regulate Naked Shorts. Let me know if you know of any company that has been prosecuted by the SEC for violating NSS regulations.
FINRA does not lie - "the books" often do, IMO.
easy
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