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The options market maker exception to SEC Regulation SHO

Thomas Stratmann and John W. Welborn

Journal of Financial Markets, 2013, vol. 16, issue 2, 195-226

Abstract: Until 2008, options market makers engaged in bona fide market making were exempt from locate and certain close-out requirements for short sales (the “Exception”). This Exception applied only to short sales that qualified as bona fide hedges of options positions that were established before a stock went on the SEC Regulation SHO Threshold List. In this paper we examine the consequences of eliminating this close-out Exception. Specifically, we test the hypothesis that eliminating the Options Market Maker Exception to SEC Regulation SHO reduced the incentive to naked short sell stocks through the options market. We compare data from the second and fourth quarters of 2008. Consistent with our predictions, we find that eliminating the Exception led to fewer fails-to-deliver and higher stock borrow rates for optionable stocks as compared to non-optionable stocks. Further, removing the Exception reduced fails-to-deliver for optionable stocks when the price of borrowing stock was high. Finally, options market trading volume declined after the Exception was eliminated.

Keywords: Options market maker; Naked short selling; Securities lending; Regulation SHO; Securities and Exchange Commission (search for similar items in EconPapers)
JEL-codes: G14 G18 G28 (search for similar items in EconPapers)
Date: 2013
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (7)

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Persistent link: https://EconPapers.repec.org/RePEc:eee:finmar:v:16:y:2013:i:2:p:195-226

DOI: 10.1016/j.finmar.2012.04.002

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Journal of Financial Markets is currently edited by B. Lehmann, D. Seppi and A. Subrahmanyam

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