Makeover needed: Short selling stocks

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This post is part of a feature on companies and products that our bloggers think are in need of a makeover. See all 26.

In light of the short-selling ban, someone recently asked me for my opinion about short selling. Personally, I'm grudgingly accepting of the practice, but I believe that some serious changes need to be made. I believe that the practice of short selling should be made harder to engage in, more expensive to execute, limited in duration, and heavily scrutinized.

The uptick rule is fine, and it never should have been suspended, but I feel that it falls short of the mark. Bear raids can still be orchestrated in spite of uptick only buys. Purchasing on the uptick simply slows the process a little. A system must be developed by which the practice of bear raids is effectively terminated.

When I researched opinions and viewpoints on short selling, it became quite apparent that the writers I had encountered were not supporting short selling nearly as much as they were simply railing against a short-selling ban. Not one person actually made a case for why the practice is essential to market health. The closest I came to finding an eloquent argument in favor of short selling was an article by Paul R. LaMonica, editor at large, CNNMoney.com. Though Mr. LaMonica didn't really explain to me why I should be shorting stocks to benefit the markets, he did quote the SEC on 3.5 reasons why shorting might be beneficial.

The first claim is that shorting increases market liquidity. Are we to assume that, if shorting was banned forever, there would be no alternative strategies for making the markets active? Because volatility more or less translates as liquidity, short selling could be regulated according to market volatility. The more volatile the markets are, the higher the volume of selling, the tighter the restrictions on short selling should be.

Next, pundits claim that shorting benefits us with capital formation. The strategy is like borrowing a car, selling into the worst neighborhood in town for $5,000, letting it get beat up, buying it back for $3,000, and returning it to the lender. You then have $2,000 of new capital and $2,000 less of real value. That's not capital generation, it's capitalizing on depreciation.

Finally, the SEC says that short selling provides hedging opportunities, as well as other risk management activities. The truth is that shorting may encourage the instigation of risk. Short sales should be handled in a framework similar to put options, with the shorts being required to provide a greater degree of prediction and a lesser degree of speculation. Perhaps requiring a short seller to declare a target price and a window of closing, would place more of the risk on the head of each individual short seller.

It is my opinion that short selling runs contrary to the spirit and intent of the markets. I believe that the sole purpose of short selling is to profit from misfortune while taking as little personal risk as possible. You'll never convince me that short selling is something I should try because it embodies nothing that I admire.

Does short selling need a makeover? What would you suggest? Be sure to check out the other makeover posts.

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Symbol Lookup
IndexesChangePrice
DJIA-32.2710,026.37
NASDAQ-2.762,148.11
S&P 500-2.971,067.55

Last updated: February 10, 2010: 09:52 AM

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