SEC mulls new short-selling rules
The US regulator is considering a short-selling regime close to the old up-tick rule
WASHINGTON, DC - The US Securities and Exchange Commission (SEC) has extended its consultation period for creating new short-selling rules, with the regulator pushing the idea of allowing short sellers to buy only at a price above the current market bid price.
The system, which is one of two under consideration, is known either as the 'alternative uptick rule' or the 'upbid rule'. It closely resembles the former uptick rule dating from Depression-era regulation, abolished in 2007.
The SEC has asked for further comments on the idea, which it says "may be more effective and easier to implement than previously proposed price test restrictions currently under consideration".
The regulator is delaying for at least one month any regulatory action on the shorting issue, reopening the consultation period, which ended on June 19, with a new comment period running for another 30 days.
"Today's request for additional comment is consistent with the deliberative process of determining what is in the best interest of investors," says SEC chairman Mary Schapiro. "We want to ensure everyone has a full opportunity to provide their comments on this alternative uptick rule before the Commission reaches any conclusions."
In April the SEC proposed two approaches to restrict short selling, in response to international accusations that it had affected financial stability by decimating bank share prices.
One suggested approach was to apply rules on a permanent and market-wide basis, restricting shorting based on either the last sale price or the national best bid.
The other approach would act as a 'circuit-breaker' and apply only to specific securities during crisis periods to prevent prices plummeting. Once triggered, the breaker would halt or restrict shorting based on either the last sale price or the national best bid.
The SEC says the proposed alternative uptick rule would allow short selling only at an increment above the national best bid, and has reopened consultation specifically for the evaluation of that option.
You can comment online via the SEC release, which can be read here.
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
Dora flood pitches banks against vendors
Firms ask vendors for late addendums sometimes unrelated to resiliency, requiring renegotiation
Swiss report fingers Finma on Credit Suisse capital ratio
Parliament says bank would have breached minimum requirements in 2022 without regulatory filter
‘It’s not EU’: Do government bond spreads spell eurozone break-up?
Divergence between EGB yields is in the EU’s make-up; only a shared risk architecture can reunite them
CFTC weighs third-party risk rules for CCPs
Clearing houses could be required to formally identify and monitor critical vendors
Why there is no fence in effective regulatory relationships
A chief risk officer and former bank supervisor says regulators and regulated are on the same side
Snap! Derivatives reports decouple after Emir Refit shake-up
Counterparties find new rules have led to worse data quality, threatening regulators’ oversight of systemic risk
Critics warn against softening risk transfer rules for insurers
Proposal to cut capital for unfunded protection of loan books would create systemic risk, investors say
Barr defends easing of Basel III endgame proposal
Fed’s top regulator says he will stay and finish the package, is comfortable with capital impact