On 27 October 2026, the SEC conducted its October meeting, which, among other things, included Short Selling Rule 13f-2 and Form SHO on its Flex Agenda. The Rule is in NPRM status which means: Notice of Proposed Rulemaking, and has a date of October 2026 – which has come and gone without an issued statement.
On 3 December 2025, the SEC issued an order granting temporary exemptive relief from compliance with short selling reporting rule 13f-2. rule is delayed until 2 January 2028 first short selling disclosure report using Form SHO to be required within 14 calendar days after the end of January 2028
On 5 September 2025, the SEC Chairman, Paul Atkins issued a statement in response to the Fifth Circuit Court’s decision issued in August on the 13f-2 short selling and securities lending rules. Background The Court did not vacate the rules; The Court held that the SEC had not properly considered their cumulative economic impact; and […]
We exited July without a decision from the Fifth Circuit Court on the NATIONAL ASSOCIATION OF PRIVATE FUND MANAGERS, et al. v. SECURITIES AND EXCHANGE COMMISSION case Read the full article.
On 25 August 2025, the Fifth Circuit Court issued its opinion on the case of National Association of Private Fund Managers (NAPF) v. SEC. Background lawsuit brought against SEC after SEC approved both the 13f-2 short position reporting rules and Rule 10c-1a Securities Lending Rules back in 2023 the Court has remanded both Rules in […]
On 7 July 2025, FIF submitted another letter (in addition to prior nine letters) to the SEC relating to the implementation of Short Selling Rule 13f-2 and associated Form SHO. Reminded SEC time is short to revise and clearly define the short selling reporting requirements for Form SHO, if the Commission plans to maintain the […]