Subject: Comment Letter for File Number S7-08-22 Short Position and Short Activity Reporting by Institutional Investment Managers
From: Jerome May
Affiliation:

Oct. 28, 2022

 


Sirs/Madams/ThoseOfUndecidedGender, 

short positions are matters of debt.  Shares are OWED to a COUNTERPARTY. 

It is my view that these positions MUST be reported DAILY to the SEC as a matter of supervising Systemically Important Financial Institutions. 

The SEC has rules regarding FTD (Fail-To-Deliver) which in its essence is a breach of contract law. 

In this age, there should NEVER be a FTD situation, if market participants do their jobs according to the law of the land. 

Most FTD situations arise from short sales (a legal transaction) and the number of FTD situations is, my opinion, impossible to reconcile with law and legitimacy. 

As the arbiter of fair, efficient and transparent markets, the SEC is due this data from EVERY participant in the market (i.e, every brokerage house and/or market agent). 

It DOESN'T MATTER if the agent is a market maker. 

Report DAILY (at 4:05pm EST) to the SEC the identity and short positions of EVERY market participant to the SEC 
AND how the agent has complied with the "reasonable locate" provision of law and/or regulatory rule. 

Reports of who is short, and amounts, should be a matter of public record 10 trading days after each report. 

Thank you. 

Mr. Jerome May 
Rochester, NY USA