Amendments to Regulation SHO

Published on:
December 16, 2008

SIFMA provides comments to the Securities and Exchange Commission (SEC) on proposed amendments to Regulation SHO, Rule 204T, Release No. 34-58773, File No. S7-30-08.  The adopted interim temporary final rule 204T of Regulation SHO (i) imposes a “hard delivery obligation” on long and short sales of equity securities; (ii) requires immediate close-out of open fail to deliver positions by the open of trading hours the day following the settlement, and (iii) imposes penalties for failure to timely close-out open fail positions. SIFMA suggests amending the rule to: (i) extend the Close-Out Date for all transactions to S+3 so that participants can take action to close out fails related to both short and long sale activity on or before the third consecutive settlement date; (ii) permit participants to responsibly close-out the open fail position throughout the trading session on the Close-Out Date, and not only at the beginning of trading, (iii) modify the Pre-Fail Credit provision to better promote early close-out of fail positions; (iv) resolve current inconsistency between Rule 204T and Rule 203 of Regulation SHO; and (v) provide a de minimis exemption for a participant’s fail positions, per security, that are below a certain level.

Details

Download

More Content

  • Amicus Briefs
    Oct 05, 2026

    In re The Boeing Company Securities Litigation

  • Letters
    Oct 05, 2026

    Reducing Duplicative Regulation and Expanding Exemptions for Commodity Pool Operators and Commodity Trading Advisors

    SIFMA AMG comments on CFTC proposals to reduce duplicative regulation for certain CPOs and CTAs and account for inflation.
  • Letters
    Sep 30, 2026

    Proposed Rule Change to Amend FINRA Rules 0150, 2165, 4512 and to Adopt FINRA Rule 2166

    SIFMA Comments to SEC in support of the proposed rule changes to improve the utilization of Rules 2165 and 4512, as well as the new Rule 2166 to allow for a temporary delay for suspected fraud.

Get the latest trends, stats, and research on financial markets and securities.