SIE practice questionhardRegulation SHO
Under SEC Regulation SHO, before selling a stock short, a broker-dealer must:
- AObtain written permission from the stock's issuer
- BNotify FINRA at least 24 hours before the short sale
- CDeposit 100% of the sale proceeds in escrow
- DLocate shares that can be borrowed to deliver on settlement (locate requirement)✓ Correct answer
Explanation
Why D — Locate shares that can be borrowed to deliver on settlement (locate requirement)
Regulation SHO requires broker-dealers to have reasonable grounds to believe the security can be borrowed (located) for delivery by the settlement date before accepting a short sale order. This 'locate requirement' prevents naked short selling. Reg SHO also includes the close-out requirement, which mandates that fails to deliver must be closed out within specified timeframes. There is no requirement to get issuer permission, escrow funds, or notify FINRA in advance.
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