Newly Implemented US SEC Regulations to Increase Transparency in Short Selling

Newly Implemented US SEC Regulations to Increase Transparency in Short Selling

CompaniesGameStop CorpFollowOct 13 ⁤(Reuters) – The U.S.⁣ Securities and Exchange Commission on Friday agreed to roll out new ⁢rules aimed at boosting transparency of short‍ selling, the controversial practice of betting against ‍stocks that drew new ‌scrutiny amid the ⁤GameStop saga.First proposed in ⁤late 2021 and early 2022, ⁤the rules will require investors to ⁢report their short positions to the agency, ‌and companies​ that lend out⁣ shares to report that⁤ activity to the Financial Industry ‌Regulatory Authority (FINRA), a self-regulatory body that polices brokers.Short selling involves⁢ borrowing a stock to sell it in the expectation the price will fall, then repurchasing the ‍shares and pocketing the ‍difference. Should the price rise, the seller can be‌ exposed to​ potentially unlimited​ losses.Short interest in the U.S. market totaled $927 billion as of Thursday, according to analytics firm S3⁢ Partners. The practice has long been divisive, ⁤with⁣ critics accusing short sellers of trying to hurt companies, and short sellers⁣ arguing they ‌help root out fraud⁢ and corporate misconduct.Short selling drew renewed scrutiny⁢ from Congress ⁤in 2021 when ⁣retail investors‍ drove up the price of shares in retailer GameStop (GME.N), ‌causing heavy losses for hedge funds that had shorted the company. ‌In the wake of the saga, SEC​ chair Gary Gensler told lawmakers he would ⁤increase the transparency of‌ the market.”Given past market ⁢events, it’s important for the (SEC) and the public to know more about short sale activity ⁣in the equity markets, especially in times‍ of stress or volatility,”‍ Gensler said in a statement⁤ on Friday.The⁣ new rules require⁢ institutional⁤ investors⁤ to report their gross short positions to the SEC monthly and certain “net” short ​activity for individual dates on which trades settle. The SEC plans to then publish aggregate stock-specific⁤ data on a delayed basis.Such data ⁤makes regulators and the public “better ‌positioned to prevent​ or respond to ‌… destabilizing ⁢events,” said Stephen Hall of Better Markets, which advocates for ⁣tougher financial rules.FINRA already publishes short interest reports collected from broker-dealers, but​ the ⁢new rule will‌ apply to institutional investment‍ managers‌ too, offering a fuller picture of ​market-wide short bets. The ​new data will also include a daily net​ activity on each‌ settlement,⁢ data not currently available with‌ FINRA or the exchanges.But hedged funds ⁢represented by the Managed Funds Association said‌ on Friday the ⁢rules could expose ‍investors’ ⁢strategies. “Investment​ advisers will face more risk ⁤when selling⁤ short, which will harm investors, market participants, and market‌ efficiency,” said its CEO Bryan Corbett.ACTIVIST SHORTSIn addition to GameStop,‌ the rise of ‌activist short-sellers who publish negative research on companies in the hopes of depressing ⁢the ⁣share price has also drawn regulatory⁣ scrutiny.Since at least 2021, the Justice Department and the ‍SEC have also been investigating potential manipulation by…

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