[Image] Regulation SHO: This Could Get Interesting > > The OTC Journal archives reveal I have written three editions on the > subject of illegal naked short selling over the past two years. It is > a fascinating subject, and one that is back in the news as a new SEC > regulation goes into effect this week. > > If you have an interest in this subject and want to review the past > editions, here they are: 4/19/03,5/18/03, and 2/4/04. > > [Image] Illegal naked short selling has been problematic for microcap > stocks for many years, but the pendulum began to swing the > other way in early 2004. Normal short selling requires the seller to > borrow the shares ahead of executing a sell trade in shares not owned. > The seller hopes to buy them back later at a lower price and lock in a > profit. > > For many years short sellers have been able to simply sell unlimited > supplies of small stocks through overseas brokerage firms, even though > no shares have been borrowed. Thanks to loopholes in the clearing > system, these sellers are never forced to deliver the shares. In > essence, short sellers have been able to "counterfeit" supplies of > stock by avoiding the regulations from offshore. > > Small and microcap companies have been particularly vulnerable to this > practice as there is often little institutional support for the > stocks. When a stock starts trading poorly, small investors tend to > panic and sell, forcing prices even lower. Once an enormous short > position is established, a smear campaign often follows, characterized > by negative articles from questionable sources and malicious posting > on message boards with no disclosure. The stock ends up trading so > poorly the company cannot raise equity capital, and many die a > premature death. > > A high profile example of this kind of practice occurred in the middle > of December. Sirius Satellite Radio (NASDAQ: SIRI) had been on a tear > over the past several months. Clearly the stock was richly valued and > extended, and it was rumored short sellers were getting killed. > Miraculously a complete hatchet job article appeared in Barron's, > which sent the stock temporarily plummeting. While indeed, there was a > strong argument the stock was overvalued, the article was completely > one sided and gave no credence to the growth argument. A similar > article in the Wall Street Journal was much more balanced. If you > think the Barron's article was an accident, and short sellers didn't > know about it in advance, you are living in LaLa land. > > Small companies have been hounding regulators for years to take steps > to eliminate these oppressive practices. In February of last year the > NASD one upped the SEC by implementing the Affirmative Determination > Rule, which required US brokerage firms to affirmatively determine if > an overseas brokerage firm selling shares through them can actually > deliver the shares. This made for some exciting moves in heavily > shorted stocks. > > The SEC has finally implemented the long awaited Regulation SHO. > Regulation SHO went into effect on January 3rd. Beginning January > 10th, each day a list of securities with excessive open naked short > positions will be publicly published. > > This required list is referred to as the Threshold Securities List. > Under Regulation SHO, threshold securities are defined by two > criteria: 1) there are at least 10,000 shares in aggregate failed > deliveries for the security for five consecutive settlement days and, > 2) these fails to deliver constitute 0.5% or more of outstanding > shares. > > If the failed deliveries for the stocks on the Threshold List are not > rectified within 13 trading days, the market maker to whom the shares > was sold will effect a "buy in" in the open market. > > Each exchange is required to maintain a daily Threshold List. I am > guessing the list will be found at the web site of the exchange; i.e. > www.nasdaq.com and www.otcbb.com. > > It will be interesting to start monitoring the Threshold Lists for > unusual movements to the upside. > > I am not opposed to the practice of short selling. I believe all > investors should be able to bet on any stock in either direction. I am > opposed to sophisticated fund managers with offshore accounts using > loopholes to initiate trades you that you and I cannot execute through > our regular brokerage accounts. If they can do, we should all be able > to do it. > > The Threshold List could become a favorite resource for locating > trading ideas on the long side. It might become the sport of hedge > fund managers. These new regulations are emerging out of down side > excesses from the the 2000 to 2003 time frame. The pendulum is finally > swinging back to a level playing field. These actions by the > regulators will help the OTC Bulletin Board become the incubator it is > intended to be. > > ---------------------------------------------------------------------- > > > [Image] > > Disclaimer > The OTCjournal.com Newsletter is an independent electronic publication > committed to providing our readers with factual information on > selected publicly traded companies. All companies are chosen on the > basis of certain financial analysis and other pertinent criteria with a > view toward maximizing the upside potential for investors while > minimizing the downside risk, whenever possible. Moreover, as detailed > below, this publication accepts compensation from certain of the > companies which it features. Likewise, this newsletter is owned by > MarketByte, LLC. 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