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To: peter n matzke who wrote (7499)3/6/1999 12:05:00 PM
From: sandbag  Read Replies (1) | Respond to of 59879
 
Peter,

"The only restriction relates to the purchase of the short position."

I believe you are incorrect. When changing your boxed position, you are changing from a net to a short position.
At least that is how I interpret the below rule.

From Nasdaq:

"To determine whether the seller is long or short overall, the seller must net all positions in the security. This includes netting positions held in accounts that are related or under common control."

"The Short-Sale Rule also prohibits a member from knowingly, or with reason to know, effecting sales for the account of a customer or for its own account for the purpose of avoiding the rule.2 With this Notice, the NASD wishes to clarify that a member would be deemed to be in violation of the Short-Sale Rule if the member or an associated person knowingly assists customers in the following scheme:

• A customer maintains one account (a “long account”) that is used to buy and sell various securities several times in a single day. The long account typically begins and ends each day with a long position of 1,000 shares in each security held in that account. The customer also cross guarantees for Regulation T and margin purposes a second account (a “short account”), usually held by a family member or related person. That account holds offsetting short positions of 1,000 shares in the same securities that are held in the long account. In contrast to the long account, the short account generally does not change positions in the securities. At the beginning and end of each day, the combined positions in both accounts for each of the securities is flat. During the trading day, the customer buys and sells securities out of the long account, creating the false appearance of alternating long and flat positions in the securities in the long account. When the two accounts are appropriately combined and treated as one, short sales occur on a regular basis and often result in transactions occurring on down-bids in violation of the NASD's Short-Sale Rule."

Full Text:
nasdr.com

Regards
Barry

[EDIT] Mark, I appologize for taking this OT to your thread.