"Short-selling faces clampdown by SEC"
By John Labate in New York
Published: February 19 2003 22:02
"US securities regulators are considering sweeping changes to rules governing "short-selling", a controversial trading practice that has reached record levels during the bear market.
A clampdown could significantly alter the way many stocks are traded in the US and limit the profit potential of hedge funds and other active traders.
Regulators around the world are under pressure to tighten rules on short-selling, in which traders bet a stock price will fall, amid concern that it is used by professional traders to manipulate share prices, particularly of smaller companies.
Staff at the Securities and Exchange Commission, the chief US financial regulator, are expected to present proposals to William Donaldson, the new chairman, as early as next week. Among them could be rules forcing traders to borrow stock to cover their short positions. Under current rules, traders can take out "naked" short positions over an unlimited number of shares, putting huge downward pressure on an illiquid stock.
Regulators are less concerned about short-selling in the most liquid stocks and may even consider loosening the rules for large companies.
Officials also want a consistent set of rules across all US markets. For example, traders are forbidden from shorting a stock quoted on the New York Stock Exchange when the price is falling but Nasdaq stocks operate under a separate rule that does not apply to small stocks in the over-the-counter market.
US regulators say they are being pressed to clamp down on short-selling by politicians who complain the practice hurts companies. Allied Capital, MBIA and mortgage lender Farmer Mac are among those claiming their shares have been manipulated by short-sellers."The time has come to address what to do about short-selling but it is going to be political, controversial and complex," said a securities regulator.
Much will depend on the interest of Mr Donaldson, who was sworn into office on Tuesday. SEC officials pressed Harvey Pitt, his predecessor, to take up the issue but without success.
Short-selling is a trading technique in which one party typically borrows shares from another and then sells them into the market, betting that the price of the stock will fall in the near future when he must buy the same number of shares to repay the original loan. If the share price has fallen by that time, the short-seller has made money.
Any attempt to limit short-selling activities will be criticised by traders and some economists who argue that it should be less restricted because it makes for a more efficient and liquid market. "Short-selling should not be equated with manipulation," said one head trader in New York.
Market professionals argue that short-selling is an effective way to add legitimate negative sentiment to the market and keep wayward corporate management in line, but others say it is too often abused to corner small companies by controlling most or all of a company's publicly traded shares.
The SEC interest in short-selling is separate from a probe into hedge funds and would apply to all types of investors."
(in
www.financialtimes.com)