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Sec bans naked short selling

The Securities and Exchange Commission could create a system to identify and enable punishment of illegal trading activities, including naked short selling. At the House Financial Services Committee hearing last week on the GameStop debacle, there was an elephant in the room: naked short selling. Short selling, effectively betting that a stock will go down, involves a trader selling shares he does not own, hoping to buy them back at a lower price to make money on the spread. This accounts for as much as 50 percent of daily trading.
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SEC Brings “Naked Short Selling” Case

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Naked short selling - Wikipedia

Naked short selling , or naked shorting , is the practice of short-selling a tradable asset of any kind without first borrowing the asset from someone else or ensuring that it can be borrowed. When the seller does not obtain the asset and deliver it to the buyer within the required time frame, the result is known as a " failure to deliver " FTD. The transaction generally remains open until the asset is acquired and delivered by the seller, or the seller's broker settles the trade on their behalf. Short selling is used to take advantage of perceived arbitrage opportunities or to anticipate a price fall, but exposes the seller to the risk of a price rise.
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Naked short selling

As a result of this market manipulation, the securities prices of many small biotechnology companies have been substantially driven down, harming overall investor confidence in biotechnology companies. Specifically, diminished investor confidence adversely impairs the liquidity and ultimately the viability of emerging biotechnology companies. BIO represents more than 1, biotechnology companies, academic institutions, state biotechnology centers and related organizations across the United States and in more than 30 other nations. BIO members are involved in the research and development of innovative healthcare, agricultural, industrial and environmental biotechnologies, thereby expanding the boundaries of science to benefit humanity by providing better healthcare, enhanced agriculture, renewable fuels, and a cleaner and safer environment. BIO believes that legitimate short selling is an important function of our capital markets that provides liquidity and encourages capital formation.
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NEW YORK -- Reacting to concerns that many financial stocks were losing value at an alarming rate due to aggressive bets by short sellers who profit when prices fall, federal regulators on Wednesday acted to stem the abusive practice known as "naked short selling. In an ordinary short sale, a short seller borrows stock and sells it, with the hope of buying it back later at a lower price to replace the borrowed shares. In a naked short trade, the seller doesn't borrow the stock before selling it and doesn't deliver it to the buyer. As a result, naked short sellers can force prices far lower than in a legitimate short transaction, the Securities and Exchange Commission said.
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