U.S. – SEC Consultation Re: Short Selling

U.S. – SEC Consultation Re: Short Selling

On 23 January 2026,  the SEC published a consultation seeking comments by 24 March 2026 on the existing information collection requirements under Rule 201 and Rule 200(g) of the Securities Exchange Act of 1934, including the “short exempt” order marking requirement.

  • Feedback is requested on whether the information collection is necessary for its regulatory functions, whether the burden estimates are accurate, how the quality of the information could be improved, and how compliance burdens could be reduced.

Background:

  • Rule 201 establishes an alternative uptick rule that restricts short selling after a stock declines 10% or more in a single day, allowing short sales only above the national best bid.

  • Rule 200(g) permits broker-dealers to mark certain eligible sell orders as “short exempt.”