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【媒体出处】http://www.economist.com/opinion ... m?story_id=11791505
【中文翻译】erihao
【声明】本文翻译仅供Anti-CNN内部使用,谢绝转载!
【原文】
Short-selling
Naked fear
Jul 24th 2008
From The Economist print edition
Regulators have yet to justify their restrictions on short sales
IF BANK bosses have slept at all in recent months, their dreams haveprobably been unhappy ones. Quite a few of them will have featurednightmarish beings known as short-sellers. These ghouls sell sharesthey do not own—usually borrowed stock, which they sell in the hope ofbuying it back at a lower price. Many of them have been bettingvocally, and successfully, that bank shares will fall. Now financialregulators in both America and Britain are doing their best to makebankers’ waking and sleeping hours a little less troubled, by imposingrestrictions on short-selling. They should have left bankers to tossand turn a little longer.
This month America’s Securities and Exchange Commission (SEC) banned“naked” shorting—the sale of stock that investors do not yet have intheir possession—of the American-listed shares of 17 investment banksas well as of the country’s mortgage giants, Fannie Mae and FreddieMac. Last month Britain’s Financial Services Authority (FSA) introduceda new disclosure regime for short positions in companies that areselling new shares. Both announcements bore a whiff of panic: they weremade during steep falls in bank shares and the fine print was tidied upafterwards. Both were accompanied by the rattling of regulatory sabres.The FSA growled that “market abuse” could explain the “severevolatility” of shares. The SEC thundered that “false rumours can leadto a loss of confidence”. It has reportedly fired off more than 50subpoenas, largely to hedge funds.
Spreading false rumours with the intention of manipulating shareprices is to be deplored. Indeed, it is usually illegal. If eitherregulator has evidence that this explains the fall in banks’ shareprices, they should bring the culprits to book. It may be that theSEC’s flurry of subpoenas turns up something substantial. But neitherof the watchdogs has produced such evidence so far.
Naked shorting too can be a cause for concern. It can result infailed trades if investors sell shares without properly checking thatthey will be able to obtain them before their trade settles. This cansometimes lead to disorderly markets. But the SEC already has rulesagainst this as well—although some argue they could be enforced better.It also has tests for levels of botched trades in any individual stock,which trigger its intervention. However, these tests were met for onlyone of the 19 institutions the SEC has leapt to protect. Indeed, thecommission’s chairman has said that “unbridled” naked short-selling offinancial stocks has “not occurred”. The SEC has also shown lessenthusiasm for policing trading in other distressed industries, such ascarmaking, where short-sellers have been much more active than theyhave in banking.
The Selective Enforcement Commission
The sense of selective enforcement, combined with regulators’ darkmutterings about short-sellers of financial stocks, explains thewidespread suspicion in the markets that both regulators acted in orderto prop up bank shares. After all, as well as policing stockmarkets,the SEC and the FSA are responsible for supervising the capitalpositions of these institutions (although the SEC does not oversee thesolvency of Fannie and Freddie). More failures on their watch would beembarrassing.
If this suspicion is accurate, it is unfair that regulators shouldtake aim at short-sellers. Although overall short positions in bankshave risen, they have not overwhelmed other trading. After thecollapses of Bear Stearns and Northern Rock it is entirely legitimatefor investors to debate other banks’ vulnerabilities—and to back theiropinions with money. Indeed, prominent short-sellers have played animportant role in exposing the poor condition of some companies, oftenin the face of intense hostility from management. There is no guaranteethat the regulators’ actions will even work beyond the very short term.On July 21st, a month after the FSA intervened, the shares in HBOS,Britain’s biggest mortgage lender, languished below the price at whichthe bank was trying to sell new equity, forcing it to rely on itsunderwriters.
Some may say that the rules should still be bent to prop up bankshares, because banks rely on confidence and their failure causessystemic damage. But lenders now have generous privileges to borrowfrom central banks; these should prevent runs on solvent banks. Fannieand Freddie now have near-explicit state guarantees. Shareholdersneither need nor deserve any more privileges. Attempting to distortshare prices away from their market level is not a legitimate activityfor traders. It is no business of regulators either. |
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