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Monday, November 23, 
12:54 pm

What's the difference between a penny and a nickel?

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Chris_Cox_lip_suck.jpg A lot more than four cents, when it comes to naked short selling. Securities and Exchange Commission chairman Christopher Cox may be seeking to revive a version of the now-defunct "uptick" rule, which was eliminated in 2007, freeing short sellers from the prohibition against selling stocks unless its price ticks up by a penny or more first. The agency is considering a more severe uptick rule that could block short selling of a stock unless its price ticks up a nickel or even a dime and more.

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Cox raised the issue at a July House Financial Services Committee hearing:

"Should there be a test that does work?" Cox asked at the hearing. "Should there be something that is meaningful? If it can't be a tick because a tick is now just a penny, and even when a stock is dropping like a stone it tends to drop with penny upticks along the way, is there a price test that could work with an increment of a nickel or a dime or what have you?"

Instead of reinstating the uptick rule outright for all corporations, the agency is also contemplating whether it will narrow its focus and require a nickel or dime restriction only during certain periods of market volatility or for a sector or group of companies.

A five-cent tick rule would certainly have an impact on liquidity, but with companies like Fannie Mae and Freddie Mac in free-fall (Fannie Mae is down to $4.85 a share, while Freddie Mac traded late Thursday at $3.16 a share), the pressure is on Cox to limit some short selling, particularly naked short selling, the practice of selling shares short without arranging to borrow the securities up front.

Also under consideration, the SEC may decide to reduce the period in which brokers and their customers must deliver shares being borrowed. Currently, if a broker-dealer or its short selling customer fails to deliver a position in a security for 13 days, the broker has to close out the position. All this could "slow down the market and slow down trading," says one Washington regulatory attorney. - Ron Orol

Ron Orol is a Washington-based reporter for The Deal and author of Extreme Value Hedging: How Activist Hedge Fund Managers Are Taking on the World.





Comments

From: Dave Cozza,

Chris Cox is a idiot. Why did he relax this rule in 2007....Maybe we should check his portfolio and see what his short positions are!!!


From: Naked_Short_Crook,

What a crook!


From: One Guy,

Chris Cox is a partner of the wall street crime syndicate. Hehelped them in manipulating the market by removing the uptick rule and allowing naked short selling by just locating a share instead of borrowing it.


From: jksinvest,

How many more financial institutions will have to go out of business before these theives are stopped. What is the SEC thinking to allow the ease of destruction with Naked Shorts and no uptick. This is Madness.


From: Brewster,

The removal of the uptick rule is truly madness, jksinvest. As if a conspiracy were in place ahead of the bear market to insure these waterfall moves down. The uptick rule must be reinstated to help restore some sense of sanity.


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