U.S. – SEC Exempting Compliance with Short Selling Rule 13f-2

U.S. – SEC Exempting Compliance with Short Selling Rule 13f-2

On 8 December, 2025, SEC published temporary order exempting compliance with short selling reporting under Rule 13f-2 and Form SHO, Rule 10c-1a, in the federal register.

Background:

On 3 December, SEC extended temporary short selling report exemption.

  • SEC issued temporary order exempting compliance with short selling reporting under Rule 13f-2 (17 CFR 240.13f-2) and Form SHO from 2 January 2026 until 2 January 2028.
  • Also published Commissioner statement on the extension of the compliance dates.

Temporary Exemption

  • Rule 13f-2 requires institutional investment managers with specified thresholds must file Form SHO within 14 calendar days after the end of each calendar month.
  • With regard to certain equity securities via the Commission’s Electronic Data Gathering
  • Temporary exemptions necessary in public interest and consistent with the protection of investors because they will allow SEC time to respond to the Court’s opinion.
  • Will allow these actions to occur in a manner that could minimize potential costs entities may incur to comply with any provisions of the Rules that could change.

Commissioner Statement

  • Expressed concern about repeal by extension concept of using compliance date extensions that are long in duration to indefinitely delay compliance dates of final rules

Effectiveness

  • Rule 13f-2 and Form SHO exemptions effective 2 January 2026, and ending2 January 2028.
  • January 2028 Form SHO reports need filed within 14 calendar days after end of January 2028.