(At least we're starting to see some attempts at regulation).
U.S. securities regulators are questioning whether investors would be able to undermine potential short sale restrictions through other financial instruments such as swaps and some types of exchange traded funds.
On Wednesday, the Securities and Exchange Commission proposed five short sale restrictions, including bringing back an uptick rule, which would allow investors to bet that a stock will fall only when the last sale price was higher than the previous price.
In the SEC's formal proposal, released on Friday, the agency asked for comment on whether an investor's ability to obtain a short position through products such as options and other instruments such as "inverse leveraged exchange traded funds" could undermine its proposed rules. This is a similar concern raised by SEC Commissioner Luis Aguilar earlier this week, who said that investors could move their shorting activities to unregulated products such as credit default swaps.
"Even if we were to adopt a rule restricting short sales, that rule would be, at best, only a partial solution," Aguilar said at the SEC's meeting on Wednesday. Short selling has been blamed by some lawmakers and executives for deepening the financial crisis and driving down share prices. But traders and asset managers say short sellers are being targeted unfairly for the plunge in stock prices that occurred as the housing market bubble burst and exposed risky bets by financial institutions.
Another SEC proposal would allow shorting only if the best available bid on a stock was higher than the last bid. The SEC also proposed three circuit breakers, which would trigger some kind of short sale restriction if a particular stock fell by 10 percent.
More:
http://uk.reuters.com/article/companyNewsMolt/idUKTRE5392M420090410?sp=true