Minyanville’s Mr. Practical had this yesterday on the *new* naked shorting rules.
The rule changes proposed by the SEC for selling stocks short are meant to curtail “naked” short selling, selling stock short without locating a borrow. They tighten up procedure between lender and borrower through broker dealers. For example, in the past a short seller would sell stock and then call the broker for a “locate,” a stock available at the dealer to borrow. And even if he called first and the dealer had no “available locate” at the current time, the dealer probably told the seller to go ahead knowing that the locate would come at some point.
It’s still not clear how to interpret the new procedure, but it looks like now “the locate” must be currently in the box. This is going to raise the cost of borrowing. In other words, the rebate rate credit to the short sellers account (the interest they earn on the cash they generate by selling the stock) will be less.
In general this will cause those making markets in options, convertible bonds, CDS, and other derivatives where short stock is used to hedge to need better prices. In general, liquidity will go down.
I can’t speak to the CDS and convertibles and all, but I can confirm this to be the case on the options floors. And then some. This is massive.
As a market maker, you get positions that would seem insanely large to the “retail” trader. But you don’t need a giant account as you have way reduced “market maker margin” requirements. They also have an exemption on the locate requirement. Which may go out the window now as well. The obvious goal is to provide liquidity, as their job is ostensibly to take the other side of order flow.
There’s some actual thought behind that. Taking the other side of order flow often results in positions that are physically short tons of stock. Remember, the most common public order is a Call Write, so market makers tend to own tons of calls, and ergo short stock against it. It’s not actually a directional bet though per se, he may also be short puts, or he may be long too many calls, or whatever.
Any move that makes it more difficult for a market maker to borrow shares will indeed produce all sorts of unintended consequences to cure something that’s not a problem to begin with. These are not Cramer’s mythical Short Cowboys. They’re probably not even short delta.
The consequences? Like Mr. Practical says, reduced liquidity as a starter. And how about increased put premiums? Shorting stock gives MM’s ammo to short puts as well, especially when they already own calls against the short stock.
Higher puts of course translate to higher volatility. Which on the margins will creep into the volatility of the stock itself. And that will be the ultimate outcome.
As to positions MM’s have now, it’s possibly a disaster. Put/call parity is based on the current interest and short stock rebate rates. Let’s say short stock rebate instantly evaporates, or goes negative. A trader sitting with a pre-existing short stock, long call, short put posture will get ripped.
I realize I am biased to favor the interests of Market Makers. So take what I say on this from that perspective. But imho, changing this rule as it regards to MMs is truly a ridiculous response to some misinformed bleating about shorts. Again, these are stock shorts in name only, it’s just a natural byproduct of market making, It’s clearly the same deal with anyone taking down a convertible offering that needs short stock as a hedge. None are going around trashing stocks left and right. If anything, these sorts of positions set them up as stock buyers into weakness.
So while naturally no one will hold a pity party for MM’s caught with a one time hit on bad positions for this, keep in mind it will have ripples to all of us in the form of higher volatility and shallower markets.
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