US securities regulator extends emergency short-selling order
SEC extends emergency short-selling order to August 12 and indicates more permanent rulemaking will follow
WASHINGTON, DC – The US Securities and Exchange Commission (SEC) has extended an emergency order issued on July 15 designed to enhance investor protection against naked short selling in the securities of financial institutions to which the Federal Reserve has granted temporary access to liquidity facilities. The extended order will be in effect until 11:59 pm EDT on August 12, 2008, and will not be further extended.
The decision to extend the order for a second 10-day period, in addition to furthering the purposes of the original order, will allow staff to collect and analyse additional data on the effect of the order's provisions, says the SEC. After the extended order expires, the commission has indicated it will move to consider rulemaking to provide additional protection against abusive naked short selling in the broader market, while allowing the legitimate short selling essential to efficient, highly liquid markets.The SEC’s order requires short sellers in the securities of the designated institutions to arrange to borrow the securities at the time of sale so the buyers will receive the stock they purchased on time. Selling short without borrowing the stock to be sold, and failing to deliver it, is called naked short selling.
“The order is designed to protect legitimate short selling in these securities, but helps prevent illegitimate naked short selling and potential ‘distort and short’ manipulation,” says SEC chairman Christopher Cox. “In addition to continuing the existing order against naked short selling, the Commission will continue exploring other remedies for the broader marketplace to further protect investors from ‘distort and short’ artists.”
The move has angered industry commentators. Edward Yingling, president and CEO of the American Bankers Association (ABA), says: “We are disappointed and deeply concerned about the decision of the Securities and Exchange Commission to extend the emergency order banning the short selling of 19 financial stocks without including all publicly traded banks.
“ABA is concerned that those market participants that are actively involved in executing short-selling strategies will focus their naked short-selling strategies on the publicly traded banks and bank holding companies not covered by the order. As the Commission is aware, it would be an understatement to say that short interest in financial services companies has greatly increased over the past year. Without such action to include bank stocks in the ban, the potential exists that the Commission’s action could backfire and disrupt an industry that is essential to the functioning of the economy.”
He adds: “We hope that the Commission will revisit the matter following the expiration of the emergency order on August 12 when it proceeds to the consideration of rulemaking.”
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
ECB seeks capital clarity on Spire repacks
Dealers split between counterparty credit risk and market risk frameworks for repack RWAs
FSB chief defends global non-bank regulation drive
Schindler slams ‘misconception’ that regulators intend to impose standardised bank-like rules
Fed fractures post-SVB consensus on emergency liquidity
New supervisory principles support FHLB funding over discount window preparedness
Why UPIs could spell goodbye for OTC-Isins
Critics warn UK will miss opportunity to simplify transaction reporting if it spurns UPI
EC’s closing auction plan faces cool reception from markets
Participants say proposal for multiple EU equity closing auctions would split price formation
Fed pivots to material risk – but what is it, exactly?
Top US bank regulator will prioritise risks that matter most, but they could prove hard to pinpoint
Hopes rise for EU re-entry to UK swaps market
EC says discussions on draft decision softening derivatives trading obligation are ‘advanced’
BoE’s Ramsden defends UK’s ring-fencing regime
Deputy governor also says regulatory reform is coming to the UK gilt repo market