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Exchange-traded funds are a unique hybrid of closed-end and open-end
investment companies. ETF shares trade like common stocks or closedend funds during market hours and can be purchased or redeemed like open-end funds with an in-kind deposit or withdrawal of portfolio securities at each day’s market close. In the United States, ETFs offer a unique level of capital gains tax efficiency and in most markets they offer a high level of intra-day liquidity and relatively low operating costs. The trading flexibility and open-endedness of ETFs offer unusual protection to short sellers. 1. It is essentially impossible to suffer a short squeeze in ETF shares. In contrast to most corporate stocks where the shares outstanding are fixed in number over long intervals,1 shares in an ETF can be greatly increased on any trading day by any Authorized Participant.2 Creations or redemptions in large ETFs like the S&P 500 SPDRs and the NASDAQ 100 QQQ’s are occasionally worth several billion dollars on a single day. The theoretical maximum size of the typical ETF, given this in-kind creation process, can be measured in hundreds of billions or even trillions of dollars of market value. The open-ended capitalization and required diversification of ETFs takes them out of the extreme risk category. As a practical matter, “cornering” an ETF market is unimaginable. The upside risk in a short sale is still theoretically greater than the downside risk in a long purchase, but even that risk is modified by the way ETF short selling is used to offset other risks. 2. Most ETF short sales are made to reduce, offset, or otherwise manage the risk of a related financial position. The dominant risk management/ risk reduction ETF short sale transaction offsets long market risk with a short or short equivalent position. Unlike the aggressive skier or surfer, the risk manager who sells ETF shares short is nearly always reducing the net risk of an investment position. In contrast to extreme athletes, the risk managers selling ETFs short are more like the ski patrol or lifeguards: They sell ETFs short to reduce total risk in a portfolio. 3. Most serious students of markets consider the uptick rule an anachronism (at best). Requiring upticks for short sales is certainly unnecessary and inappropriate for ETFs that compete in risk management applications with sales of futures, swaps, and options—risk management instruments that have never had uptick rules. |
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