4560. Short-Interest Reporting
(a) Each member shall maintain a record of total "short" positions in all customer and proprietary firm accounts in all equity securities (other than Restricted Equity Securities as defined in Rule 6420) and shall regularly report such information to FINRA in such a manner as may be prescribed by FINRA. Reports shall be received by FINRA no later than the second business day after the reporting settlement date designated by FINRA.
(b) Members shall record and report all gross short positions existing in each individual firm or customer account, including the account of a broker-dealer, that resulted from (1) a "short sale," as that term is defined in Rule 200(a) of SEC Regulation SHO, or (2) where the transaction(s) that caused the short position was marked “long,” consistent with SEC Regulation SHO, due to the firm's or the customer's net long position at the time of the transaction. Members shall report only those short positions resulting from short sales that have settled or reached settlement date by the close of the reporting settlement date designated by FINRA.
(c) The recording and reporting requirements of this Rule shall not apply to:
(1) any sale by any person, for an account in which he has an interest, if such person owns the security sold and intends to deliver such security as soon as is possible without undue inconvenience or expense; and
(2) any sale by an underwriter, or any member of a syndicate or group participating in the distribution of a security, in connection with an over-allotment of securities, or any lay-off sale by such a person in connection with a distribution of securities through rights or a standby underwriting commitment.
| Amended by SR-FINRA-2012-001 eff. Nov. 30, 2012. Amended by SR-FINRA-2010-003 eff. June 28, 2010. Amended by SR-FINRA-2008-057 eff. Dec. 15, 2008. Amended by SR-FINRA-2008-033 eff. Dec. 15, 2008. Amended by SR-NASD-2006-131 eff. Sept. 6, 2007. Amended by SR-NASD-2007-047 eff. July 6, 2007. Amended by SR-NASD-2005-087 eff. Aug. 1, 2006. Amended by SR-NASD-2005-112 eff. July 3, 2006. Amended by SR-NASD-2005-001 eff. Jan. 7, 2005. Amended by SR-NASD-2002-178 eff. Dec. 16, 2002. Amended by SR-NASD-94-67 eff. May 1, 1995. Amended by SR-NASD-87-23 eff. Aug. 31, 1987. Adopted by SR-NASD-85-34 eff. Jan. 20, 1986. Selected Notices: 85-77, 85-87, 86-4, 86-15, 86-61, 87-15, 95-8, 03-08, 07-24, 07-31, 08-57, 10-26, 12-38. |
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