Subject: File No. S7-08-09
From: Hugo H. Daenen

May 5, 2009

as a stockholder (or participant in a company 401k) one has no means to disagree with short selling

the remedy is for custodian banks to be obliged to have two types of custody accounts, those where the owners agree for their stock to be borrowed, and those that do not agree

401k and certain mutual funds would ex officio not be allowed to have their stock holdings borrowed as the vary practice of short selling would be against the interest of the ultimate investor