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ARTICLE · 02 OCTOBER 2008

ASIC Action On Short Selling - Where To From Here?

On Sunday 21 September ASIC took further emergency action in response to bans on short selling of stocks imposed by regulators in other global financial centres.

AustraliaFinance and Banking

On Sunday 21 September ASIC took further emergency action in response to bans on short selling of stocks imposed by regulators in other global financial centres. This has had immediate consequences for hedge funds, with Standard & Poor's Funds Services putting 57 funds 'on hold' today. The consequences for market liquidity and efficient price determination and the ability of many traditional long investors to hedge their risks will be significant.

These steps were taken, in ASIC's words, "to maintain fair and orderly markets in these exceptional times of global crises of confidence in financial markets"1.

Whether the regulation will ultimately have the desired effect is the subject of considerable debate. The hedge fund industry has, for example, responded to equivalent restrictions imposed in the UK with the statement that, the ban will merely "allow a false market to persist with an overvalued stock price"2.

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