And so it was with today’s second and concluding session
of the SEC’s roundtable on securities lending and short
selling: I
expected the absolute worst, but in the end was pleasantly
surprised to find that it wasn’t quite as bad as I
feared.
That’s not the same as proclaiming it a good thing,
because it was not. Indeed, I stick by yesterday’s
characterization of the event as farce with a pre-determined
outcome.
Having said that, I was deeply impressed by two surprises I
clearly had not anticipated. And I’ll get to those in a
moment.
But first, an overview.
There were two panels. The first examined proposed pre-borrow
and hard locate requirements — keys to closing two of the
most dangerous remaining loopholes in the US stock settlement
system. The second panel examined proposals requiring enhanced
disclosure of short selling data — a good idea but ultimately
one that would be much less necessary were the proposals discussed
in the first panel enacted.
I’ll start with the second panel, which surprised me by
coming down overwhelmingly in favor of more transparency in short
selling.
Georgetown University Professor James Angel pointed out that
greater disclosure would essentially be doing legitimate short
sellers a favor, by vindicating them in cases when they are
incorrectly accused of manipulation in response to stocks dropping
in value.
David Carruthers, of short selling analytics firm Data
Explorers, supported greater transparency in short selling where
the goal was to “prevent market abuse and prevent the
development of a false market, or to prevent situations where
market participants take advantage of a vulnerable
company.”
Richard Gates, founder of short selling hedge fund TFS Capital,
denied that shorting…