Naked Shorting

by / ⠀ / March 22, 2024

Definition

Naked shorting is a practice in finance where an investor sells a financial instrument, such as shares, that they do not own or have borrowed. The practice is considered highly risky and illegal in many jurisdictions, as it can artificially depress the price of the subject security. The goal is to hope the asset’s price falls, so they can buy it later at a lower price to cover the short, profiting from the price difference.

Key Takeaways

  1. Naked Shorting refers to the controversial practice where financial securities are sold short by speculators, despite the fact that they neither own nor have borrowed the securities they intend to sell.
  2. This practice is highly risky and has been outlawed in many jurisdictions due to its potential to manipulate markets, disrupt normal price discovery, and potentially exacerbate market downturns.
  3. Despite the regulations, Naked Shorting still occurs due to loopholes and the fast-paced nature of electronic trading systems, which sometimes fail to verify whether the seller actually owns the security before the trade is made.

Importance

Naked shorting is a significant term in finance due to its high-risk nature and the controversies surrounding its legality and ethical implications. Essentially, it refers to the practice of selling shares that have not been affirmatively determined to exist.

Normally, traders must borrow a stock or determine that it can be borrowed before they sell it short. However, in naked shorting, shares are sold short without borrowing them first or ensuring they can be borrowed.

It can potentially lead to market manipulation by artificially increasing the supply of stocks, hence driving their prices down. Additionally, it can produce severe consequences such as failed trades and a potential breakdown in the functioning of the markets.

Hence, understanding naked shorting is essential to track market activities, mitigate risks, and observe financial regulations.

Explanation

Naked shorting, also known as naked short selling, is an advanced trading strategy where the seller of a financial instrument, typically securities, sells them without actually owning or borrowing them. These financial instruments could be stocks, bonds or even derivatives.

The central objective of this strategy is to profit from a decrease in the price of the financial instrument, with the seller hoping to repurchase the sold instruments at a lower price before the delivery date. This is different from traditional short selling, where the trader borrows the shares before selling them short, as naked shorting involves selling shares that are neither owned nor borrowed by the trader.

Naked shorting is generally employed by traders who suspect that the price of a given financial instrument will fall in the near future. By selling these securities without actually having them in possession, they aim to buy it back at a lower price, thus securing the difference as profit.

Despite this, it’s essential to understand that naked short selling is considered highly risky due to the potential for unlimited losses if the price of the financial instrument moves in the opposite direction than anticipated. It’s worth noting that while naked shorting provides potentially high financial returns, this practice is viewed negatively by regulators and is illegal in many jurisdictions due to its possible detrimental impacts on the financial markets, including unfounded price manipulation and disruption of normal market functions.

Examples of Naked Shorting

Lehman Brothers Case: Just prior to the 2008 financial crisis, Lehman Brothers was the victim of naked short selling. Allegedly, hedge funds were driving down its share price by selling huge blocks of shares they did not actually own or borrow, contributing to the firm’s collapse.

Fairfax Financial vs. Hedge Funds: In 2006, Toronto-based insurance and investment management company Fairfax Financial filed a $6 billion lawsuit against multiple U.S. hedge funds, alleging a long-running conspiracy that involved naked short selling of Fairfax’s shares. Fairfax claimed that the hedge funds manipulated the company’s stock, causing significant financial damage.

Volkswagen Short Squeeze in 2008: A unique case where short sellers got burned was with automaker Volkswagen. Hedge funds were betting that the price of Volkswagen stock would fall, but Porsche unexpectedly announced it had been accumulating the stock and controlling

1% of the company, creating a supply shortage. Many short sellers had failed to borrow the shares first (thus were “naked” shorting), and when the remaining freely floating shares were minimal, this triggered a massive short squeeze leading to astronomical losses for those who were shorting the stock.

Frequently Asked Questions about Naked Shorting

1. What is Naked Shorting?

Naked shorting is the illegal practice of short selling shares that have not been affirmatively determined to exist. Essentially, traders sell shares they do not have and are not borrowed.

2. Why is Naked Shorting Illegal?

It’s considered illegal because it can cause artificial price movements and thus distortion in the market. This can affect the overall stability of financial markets.

3. How is Naked Shorting different from Traditional Short Selling?

In traditional short selling, a trader borrows stock and sells it in the market with the hope that the price will decrease. In contrast, in naked shorting, the seller does not borrow or arrange to borrow the securities in time to deliver them to the buyer.

4. What are the consequences of Naked Shorting?

Naked shorting can potentially lead to unlimited losses since the number of shares that can be shorted is unlimited. In addition, individuals or firms that engage in naked shorting may face legal penalties.

5. How does Naked Shorting affect the stock market?

Naked Shorting can lead to false signals about the supply or demand of a particular stock, which can distort the market’s price-setting mechanism causing an inefficient allocation of capital.

Related Entrepreneurship Terms

  • Fail-to-deliver
  • Securities Exchange Act
  • Regulation SHO
  • Market Manipulation
  • Hedge Fund

Sources for More Information

  • U.S. Securities and Exchange Commission (SEC): Provides detailed information on all aspects of finance, including naked shorting. It’s one of the most trusted sources for this kind of information.
  • Investopedia: This is a comprehensive site full of finance and investing terms explained in layman’s terms. They have an extensive article on naked shorting specifically.
  • Financial Industry Regulatory Authority (FINRA): As a non-governmental organization that regulates member brokerage firms and exchange markets, they have a wealth of information on all aspects of finance.
  • Business Insider: Known for delivering financial, business, and tech news, this site often has useful articles and explainers on financial topics such as naked shorting.

About The Author

Editorial Team

Led by editor-in-chief, Kimberly Zhang, our editorial staff works hard to make each piece of content is to the highest standards. Our rigorous editorial process includes editing for accuracy, recency, and clarity.

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