July 16, 2008
The whole process is very simple.
First scratch all rules concerning short selling and implement the following.
A short seller must have the shares to sell or a written confirmation from the provider of the shares stating the following:
I am sending the shares to you within the stated SEC time frame of 3 weeks and I am aware of the $100,000 SEC penalty for failure to comply with my written confirmation and that the SEC requires me to immediately sell the shares into the market upon failure to comply.
The short seller may sell the shares into the market, if at the end of 3 weeks they do not have the shares from the provider they must immediately buy the shares back and notify the SEC of the provider’s failure. If the seller does not notify the SEC it will also be required to pay a $100,000 penalty to the SEC. If the seller fails to notify the SEC more than 2 times, they will loose whatever license they are working under.
If the provider fails to deliver shares more than 2 times (to include 2 separate transactions), they will told by the SEC that they can no longer provide shares for the above purpose.
All penalties will go to a special fund for the defrauded victims of any and all SEC violations.
Not to be co-mingled or used for any other purpose.
You will have only serious short sellers and providers of shares working in the market, if you have a serious SEC.