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btown819 (97.67)

Buckle Up! The Up-Tick Rule Back In Action?

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March 10, 2009 – Comments (5) | RELATED TICKERS: SKF , C , BAC

Let me preface this by saying that as a resident of Massachusetts I have been very displeased with Barney Frank and a lot of the actions he has taken and words he has said in the past.  Today was quite a shocker for me when he was advocating the restoration of the uptick rule next month (link).  I was in total disbelief.  It was the first time in a while he has advocated something that I think would be very useful and is not just a mere ruse to gain favor from angry and confused voters.  I thought I had completely written him off after watching him in an interview on a local newscast last night (among other things).  The news story was showing how "bad" banks were for taking taxpayer money when they hand hundreds of thousands and sometimes ever over $1M in unclaimed funds with different states.  Clearly a predatory news story trying to milk emotions from angry and confused people with only a basic level of financial expertise at best.  If the uptick rule really does get reinstated, this would be a win for the average investor seeking to level the playing field.  No longer will hedge funds and other institutions have the advantage making excess returns during paniced times due to an unlevel playing field. 

The uptick rule is analogous to a seat belt.  Chris Cox and the SEC tried riding around without a seat belt during the good times in the market a few years ago and determined that the uptick rule wasn't necessary.  Sure, I could ride in my car without a seat belt 95% or more of the time and (as long as a cop doesn't pull me over), it would make virtually no difference to my driving experience.  The thing is, when you are driving and swerve off the road, crash into a utility pole, or roll your car over, the seat belt becomes VERY useful.  Well, the recent plunge and turmoil in the market is equivalent to being in a car crash and thanks to Chris Cox we aren't wearing our seat belts.  The uptick rule certainly didn't cause the market crash, but not wearing our uptick-rule-seat-belt certainly has exacerbated the pain and suffering.  Most states are smart enough to laws requiring drivers to use seat belts.  Let's hope the uptick-rule will be reestablished so that our 401Ks can be wearing seat belts, too.

5 Comments – Post Your Own

#1) On March 10, 2009 at 8:26 PM, swingtrader930 (81.83) wrote:

I tend to agree with having the uptick rule.   It was instituted for a good reason after the first historic crash, which we are currently trying to desparately keep from repeating.   Its my belief that mismanagement and greed of politicians opened the door for removal of rules which protected investors against over leveraging of banks, credit default swaps and naked shorting.  Having rules which govern the market doesn't necessarily go against free market capitolism.  They do however keep us from retuning back to the wild west.

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#2) On March 10, 2009 at 8:27 PM, swingtrader930 (81.83) wrote:

I tend to agree with having the uptick rule.   It was instituted for a good reason after the first historic crash, which we are currently trying to desparately keep from repeating.   Its my belief that mismanagement and greed of politicians opened the door for removal of rules which protected investors against over leveraging of banks, credit default swaps and naked shorting.  Having rules which govern the market doesn't necessarily go against free market capitolism.  They do however keep us from retuning back to the wild west.

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#3) On March 10, 2009 at 8:30 PM, swingtrader930 (81.83) wrote:

I tend to agree with having the uptick rule.   It was instituted for a good reason after the first historic crash, which we are currently trying to desparately keep from repeating.   Its my opinion that mismanagement and greed of politicians opened the door for removal of rules which protected investors against over leveraging of banks, credit default swaps and naked shorting.  Having rules which govern the market doesn't necessarily go against free market capitolism.  They do however keep us from retuning back to the wild west.

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#4) On March 11, 2009 at 9:06 AM, Gemini846 (95.01) wrote:

I promise you that the uptick rule will do NOTHING to stim market volatility, prevent shorting et. This is the first time you've seen a bear market in the new trading environment.

I will provide an example that should squash all notions that the uptick rule is a good thing.

John Hedge Fund Manager (JHFM) - "Hey Broker can I get some liquidity to short 100 BAC"

Broker Market Maker - "No Prob since you have a fat wallet"

Broker buys 100 to his book -> shorts 10k to the ECN, buys 100 on his book, shorts 10k to the ECN, buys 100, shorts 10k etet.

Broker Market Makers -"There you go now pay us fat commissions"

Broker sells his 1000 long on the open market.

The bad part is on non listed (NYSE) stocks the broker doesn't even have to buy it just move his quote.

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#5) On March 14, 2009 at 7:28 PM, btown819 (97.67) wrote:

Gemini846, I have to admit that I didn't completely follow the above example.  To address your first paragraph, I don't agree on the volatility effects (though I don't see the uptick rule as a cure all to volatility).  I do agree that it won't really "prevent" shorting.  I think their won't be a big change in shorting behavior/transactions, but I think the effect of shorting upon the market price of particular securities will be less pronounced than it has been more recently.  With complimentary markets for financial products like options still around, volatility will still exist in the "new" trading environment, but perhaps not quite as severe.

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