November 22, 2005
Shares are money and the NASD needs to start requiring issuers and members to treat it that way. If we can reconcile every individual bank account in the United States at the close of every business day, reconciling all members gross position in each stock at the close of a trading day is a snap.
I propose modification of Rule 3360 as follows:
3360. Long and Short-Interest Reporting
a. Each issuer shall cause its transfer agent to report to the NASD at the close of each trading day in such a manner as may be prescribed by NASD, the issuers shares authorized, shares outstanding, and shares held in street name non-Cede shareholders of record. Each member shall maintain a record of total long and short positions in all customer and proprietary firm accounts in OTC Equity Securities, securities included in The Nasdaq Stock Market, and in each other security listed on a registered national securities exchange and not otherwise reported to another self-regulatory organization and shall at the close of each trading day report such information to NASD in such a manner as may be prescribed by NASD. For purposes of this Rule: 1. short positions to be reported are those resulting from short sales as that term is defined in SEC Rule 200 of Regulation SHO; 2. the term customer includes a broker-dealer; 3. the term issuer shall mean any entity whose shares are traded by a member and 4. the term OTC Equity Securities shall mean any equity security that is not listed on The Nasdaq Stock Market or a national securities exchange.
Thank you for this opportunity to present comments.