Naked short list
Short sellers borrow stock, sell it, and hope to profit if they can buy back the same number of shares later at a lower price. Critics of the practice characterize it as a form of illegal price manipulation. The Securities and Exchange Commission SEC in adopted Regulation SHO, a set of rules designed to control short selling abuses, focusing on small-capitalization stocks where the number of shares held by the public was relatively small. Until the current financial crisis, the SEC did not view short selling of large, blue-chip stocks as a problem. In July , however, the SEC temporarily banned naked short sales of the stock of Fannie Mae, Freddie Mac, and 17 other large financial institutions.
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Regulation of Naked Short Selling
Key Points About Regulation SHO
Naked short selling , or naked shorting , is the practice of short-selling a tradable asset of any kind without first borrowing the security or ensuring that the security can be borrowed, as is conventionally done in a short sale. When the seller does not obtain the shares within the required time frame, the result is known as a " failure to deliver " "FTD". The transaction generally remains open until the shares are acquired by the seller, or the seller's broker settles the trade. Short selling is used to anticipate a price fall, but exposes the seller to the risk of a price rise. In , the SEC banned what it called "abusive naked short selling"  in the United States, as well as some other jurisdictions, as a method of driving down share prices. Failing to deliver shares is legal under certain circumstances, and naked short selling is not per se illegal. Critics, including Overstock.
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Naked short selling
A short sale is generally the sale of a stock you do not own or that you will borrow for delivery. If the price of the stock drops, short sellers buy the stock at the lower price and make a profit. If the price of the stock rises, short sellers will incur a loss. Short selling is used for many purposes, including to profit from an expected downward price movement, to provide liquidity in response to unanticipated buyer demand, or to hedge the risk of a long position in the same security or a related security.
In a "naked" short sale, the seller does not borrow or arrange to borrow the securities in time to make delivery to the buyer within the standard three-day settlement period. As a result, the seller fails to deliver securities to the buyer when delivery is due known as a "failure to deliver" or "fail". Failures to deliver may result from either a short or a long sale.
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