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GAO-10-532R 1 (2010-03-24)

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T I   M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-319430


          March 24, 2010

          The Honorable Christopher J. Dodd
          Chairman
          The Honorable Richard C. Shelby
          Ranking Minority Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Barney Frank
          Chairman
          The Honorable Spencer Bachus
          Ranking Minority Member
          Committee on Financial Services
          House of Representatives

          Subject: Securities and Exchange Commission: Amendments to Regulation SHO

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Securities and Exchange Commission (the
          Commission), entitled Amendments to Regulation SHO (RIN: 3235-AK35). We
          received the rule on March 1, 2010. It was published in the Federal Register as a final
          rule on March 10, 2010. 75 Fed. Reg. 11,232. The rule has a stated effective date of
          May 10, 2010, and a compliance date of November 10, 2010.

          The final rule establishes a short sale-related circuit breaker that, if triggered, would
          impose a restriction on the prices at which securities may be sold short (short sale
          price test or short sale price test restriction). Specifically, this rule requires that a
          trading center establish, maintain, and enforce written policies and procedures
          reasonably designed to prevent the execution or display of a short sale order of a
          covered security at a price that is less than or equal to the current national best bid if
          the price of that covered security decreases by 10 percent or more from the covered
          security's closing price as determined by the listing market for the covered security
          as of the end of regular trading hours on the prior day. In addition, this rule requires
          that the trading center establish, maintain, and enforce written policies and
          procedures reasonably designed to impose this short sale price test restriction for
          the remainder of the day and the following day when a national best bid for the
          covered security is calculated and disseminated on a current and continuing basis by


GAO-10-532R

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