Abstract
The recent turmoil in the global financial market has given rise to an argument on what policy measure or controls should be imposed to curb excess stock price volatility. One such restrictions were placed on short selling to reduce speculative trading.The aim of the present paper is to consider the impact of the measures placed on short selling following the 2008 global financial crisis. This report assesses the success of the interim measures in achieving these objectives, and also considers the impact the interim measures had on the market, participants in the market and other stakeholders
What is short selling?
The short sale of a security that is not owned by the seller of the stock, or the seller has borrowed. Short selling is the belief that the price of a security will decline, at a lower price to make a profit, you can buy it back at a reduced cost in future.
There are two general types of short sale transactions:
(A) short sales covered: a person sells a financial product they can trust agreement existing loan to have a "right exercisable and unconditional to confer 'the product the buyer at the time of sale; and
(B) short sales Uncovered: the seller has no arrangement in place to borrow the financial product at the time of sale and therefore does not have a "right exercisable and unconditional to confer 'the product.
1 These measures included, in summary:
(a) the temporary banning, with some exemptions, of the covered short
�1. Under the UCC, a sale occurs when title passes from a seller to a buyer for a price. TRUE
c. Only after conduct that shows the buyer 's willingness to become owner of the goods.
In 2008, the world experienced a tremendous financial crisis which rooted from the U.S housing market; moreover, it is considered by many economists as one of the worst recession since the Great Depression in 1930s. After posing a huge effect on the U.S economy, the financial crisis expanded to Europe and the rest of the world. It brought governments down, ruined economies, crumble financial corporations and impoverish individual lives. For example, the financial crisis has resulted in the collapse of massive financial institutions such as Fannie Mae, Freddie Mac, Lehman Brother and AIG. These collapses not only influence own countries but also international area. Hence, the intervention of governments by changing and
457). Getting a loan from the bank is not a sales since an intangible claim is passed from seller to buyer. Something is a good if the item is tangible and movable. Thus, selling the rights to a trademark is not a sale of goods because the trademark is not tangible. Likewise, the sale of a residence is also not a sale of goods because the home is not movable. The UCC will govern the dispute only if the "goods" criteria are satisfied.
Section 3.2 Authority. The Seller has full corporate power, authority and legal right to execute and deliver, and to perform its obligations under this Agreement and to consummate the transactions contemplated hereunder, and has taken all necessary action to authorize the purchase hereunder on the terms and conditions of this Agreement and to authorize the execution, delivery and performance of this Agreement. This Agreement has been duly executed by the Seller and constitutes a legal, valid, and binding obligation of the Seller enforceable against Seller in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, or other similar laws from time to time in effect, which affect the enforcement of creditors' rights in general and by general principles of equity regardless of whether such enforceability is considered in
According to Nasdaq, short selling can be defined as “establishing a market position by selling a security that one does not own in anticipation of the price of that security failing”
u. P2) This implies that the seller who intends to enter a contract with a customer has a duty to disclose exactly what the customer is buying and what the terms of the sale are.
The Global Financial Crisis, also known as The Great Recession, broke out in the United States of America in the middle of 2007 and continued on until 2008. There were many factors that contributed to the cause of The Global Financial Crisis and many effects that emerged, because the impact it had on the financial system. The Global Financial Crisis started because of house market crash in 2007. There were many factors that contributed to the housing market crash in 2007. These factors included: subprime mortgages, the housing bubble, and government policies and regulations. The factors were a result of poor financial investments and high risk gambling, which slumped down interest rates and price of many assets. Government policies and regulations were made in order to attempt to solve the crises that emerged; instead the government policies made backfired and escalated the problem even further.
In 2008, the US experienced the traumatic chaos of a financial downturn, whose effects rippled throughout Europe and Asia. Many economists consider it the worst crisis since the Great Depression, and its alarming results are still seen today, a long six years later. Truly, the recession’s daunting size and formidable wake have left no one untouched and can only beg the question: could it have been prevented? The causes are manifold, but can be found substantially rooted in illogical investments and greedy schemes.
The 2008 financial crisis can be traced back to two factor, sub-prime mortgages and debt. Traditionally, it was considered difficult to get a mortgage if you had bad credit or did not have a steady form of income. Lenders did not want to take the risk that you might default on the loan. In the 2000s, investors in the U.S. and abroad looking for a low risk, high return investment started putting their money at the U.S. housing market. The thinking behind this was they could get a better return from the interest rates home owners paid on mortgages, than they could by investing in things like treasury bonds, which were paying extremely low interest. The global investors did not want to buy just individual mortgages. Instead, they bought
Normally, the underwriter’s agreement can come in two basic forms: Firm Commitment and Best Efforts. Using a Firm Commitment arrangement the investment bank will acquire all the new shares from the issuing firm and then be responsible to market it to the public. The compensation for the investment bank is the spread between their purchase price and public offering price. Using this method, the investment bank undertakes the full risk of not being able to sell all the shares at the determined price. By the best effort arrangement, the investment bank assists the issuing firm to sell their shares. The investment bank serves as an intermediary between the potential investors and the issuing
Additionally, Mr. Williams directed his sales team to offer special pricing to current customers to flood the market with inventory prior to the expiration of the lost contract. Additionally, the sales team was directed to offer said customers grossly abnormal sales terms of 180 day payment schemes for purchase levels above the prior year. Said discounts and payment terms were utilized to block the new contract holder from entering the market in a timely manner. Furthermore, such terms were offered to inflate sales to meet expectations of the equity firm, and increase the organization’s profit levels.
As outlined above, which can be seen as reasons why many countries have already taken national actions on restrictions on short sale. After 2008 financial crisis, most countries introduced in emergency measures of intervention in the short selling. Among these measures, information disclosure system, price regulation and prohibition of naked short selling are relatively significant and have more attention by the public.
1.1 The recent global economic crisis has seen an unparallel shift in the global perception of free markets. Regulators around the world have adopted a more strict regulatory approach to markets than seen previously. Short selling is been given particular attention from authorities due to its speculative use and questionable moral nature. As in the past, “short selling has been a favourite whipping boy”.