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Ban Short Selling

Tom Bulford - Mon 31 Mar, 2008

The arguments for short-selling do not hold water and it should be banned

Following the “bear raid” on banking group HBOS plc, small cap investor Tom Bulford, editor of Red Hot Penny Shares, asks whether the time has come to ban the activity...

 

The safest way to avoid another rumour-fuelled run on HBOS, argued a letter to The Times last week is to ban short-selling. This is the practice of selling shares that one does not actually own in the hope of buying them back at a lower price. This is only possible if one can borrow shares, to be delivered after the initial trade to the buyer. So another Times’ correspondent argued that stock lenders should also be liable for punishment in the event that the short seller is found to be profiting from peddling false rumours.

The latter is not a bad idea, although given the FSA’s hopeless record of prosecution in the whole field of fraudulent dealing I would not have much hope that it would make any difference. However with the financial system now collapsing around our ears the inquest is under way; and short selling will come under the microscope. So let me try to line up the arguments for and against, starting with the former.

Short selling, we are told, is good because it provides investors with a whole new way of making profits. In the old days investors could only make capital profits if asset prices were appreciating. Now they can also make money if asset prices are going down. Through a judicious mixture of ‘long’ and ‘short’ positions investors can both enhance and smooth their overall returns.   

The second argument is that short sellers provide a useful counter to excessive bullishness. We take it that we want the price of financial assets to be, so far as possible, correct. Volatility is a bad thing because the mispricing of financial assets causes people to make bad investment and business decisions, or to be scared off altogether. And at the extreme short sellers can sniff out a can of worms such as Polly Peck of Maxwell and bring an end to such fraud.

These are the arguments for short selling, and I do not think that either of them are good ones.

It is true that money can be made from short-selling. It is also true that a combination of ‘long’ and ‘short’ portfolios can reduce the volatility of an investor’s total return. But short selling is only one side of a zero sum game. For every short seller who is making money, there is a holder of those securities who is losing it. In aggregate short selling is of no benefit whatsoever to all those who trust their savings with fund managers. It is simply a new way that the ever inventive City has found to cream profits off the national pot of savings.

So does short selling contribute to the accurate pricing of financial assets? The evidence is that it does not. Given that short sellers can not only take a contrary view to the bulls but can also act upon it and pull share prices back from an overly optimistic level, they should have had the effect of reducing the volatility of the market. It certainly does not feel like that, and a paper last year from the London School of Economics found not only no lessening of volatility but also that the stock market’s blue-chip share indices, representing shares in established and thoroughly researched companies, were more volatile than the indices of risky and under-researched small companies. This should not be the case, and is at least partly because short sellers and other traders with a sort time horizon operate in large liquid shares. 

The fact is, of course, that most short sellers can just as easily become bulls and vice versa. These short-term funds will ride any prevailing trend, adding fuel to a bull run before turning on a sixpence and further undermining shares that have started to slide. And because short sellers are usually hedge funds that can gear up massively and punch well above their weight traditional managers of pension and other long term funds, who are all anxious about the next quarterly performance review, will not attempt to stand in their way. So the short-term view prevails and I have never met anybody in business who thinks that is a good or helpful thing. 

You also have to ask whether short selling is a necessary way of introducing a bearish view into market prices. Long before the term hedge fund was coined or short selling became commonplace, share prices always teetered between the bullish view and the bearish view. In the absence of short selling share prices were determined by the weight of these arguments, and by whether those who owned certain shares felt comfortable doing so, whether they were inclined to sell or to add, and whether others were inclined to buy into the story. It is true that broker research is hopelessly compromised by corporate ties these days, so that any genuine independent negative view is rarely expressed on paper. But that does not mean that bearish views do not, or have not always, existed or have not found their expression in asset prices.

So the arguments for short selling just do not stack up. The City’s role is to support the growth of the economy through the allocation of investment capital into profitable ventures. This calls for a positive, constructive mindset that looks beyond the next few weeks and months. The mindset of short sellers is quite the opposite.

Regards,

Tom Bulford

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"It (short selling) is simply a new way that the ever inventive City has found to cream profits off the national pot of savings." Are you crazy Tom; shorting is as old as the hills; as for that matter is market manipulation. You also seem to forget that shorting is a number one way of losing your shirt in the markets
By bengt, 01 Apr, 2008, 03:10
A depressingly silly article. De facto, if not de jure, banning short selling will also shut down the markets for derivatives like put options, CFD's etc - even if market makers are exempted from the short sale ban, these markets will have to be shut down, otherwise the hedge funds will simply use the derivatives markets. And what about short futures positions? I think the value of my pension pot is quite volatile enough already, thankyou, even with access to hedging instruments. You might also like to consider the cost of policing this ban. It seems to me like an invitation for someone to set up a parallel market offshore, or in cyberspace, free of shortselling restrictions.
By Laurence Copeland, 01 Apr, 2008, 08:31
I agree with Tom Bulford. Recent events show that too many in the financial world who create, promote and use the more complex financial 'products' are too clever by half - and too devious for the good of the economy and so of society as a whole. Investing in a company, a commodity or a currency demonstrates confidence in it, will tend to increase the perceived value of the item and, if genuine value reflects that perceived value, will naturally result in growth and profits. Wealth, perhaps valuable goods and services, are created, so society as a whole may benefit. The system works. On the other hand short selling is merely a cynical attempt to leverage personal financial gain by betting on relative failure. Those who indulge in this are behaving like parasites, taking 'more than their fair share' out of the system while contributing as little as possible. It is surely time for such practices to be consigned to history so that the system can be seen to encourage clarity, honesty and probity in our economic affairs. Anything less than this will be yet another blow to confidence in the City and will further seriously damage the UK economy.
By Ian Webster, 31 Mar, 2008, 06:00
Dear Sirs, I read with interest Tom Bulford's comments on short selling. An interesting view which as far as equities are concerned hold many truths. But it may not just be the act of short selling in itself which creates the volatility in the Footsie 100 he describes, but the large banking and hedge fund interest that control the bulk of the transactions in this market place. Anyone who has tried to trade this market place with level 2 can see 'how the boys have fun' But, is it not the case that the funds that own these shares are quite prepared to 'rent' (not loan) those shares (which have a trading range) to those companies that offer options, which then forms the backbone of the market for shorting equities? Furthermore, short selling is not restricted to equities, but may now be found in all areas of the market place and never more so present than in the FOREX market of traded pairs. The natural act of going long on one currency creates a 'short position' on another. I think the article while interesting, proposes a too simplistic view of what is a highly mature, unregulated financial bun-fight. Sincerely John Murray-Smith
By John Murray-Smith, 31 Mar, 2008, 05:00

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Recent Comments
Tom Bulford has a strong point to make. Uncontrolled and irresponsible shorting of shares can indeed cause substantial damage to a company beyond just its share price. We know that derivatives, like the internet, are out of control and probably uncontrollable. That does not mean that we should cease trying to police them. I think that excessive shorting is yet another example of how foolish we were to remove the valuable role played by the stock jobber but "sic transit ...." By Anthony Minns
I run a hedge fund, with other peoples' money. (Say) I have good friend. Using other peoples' money, I short some suitable target - a suspect bank will do - whatever - and drive the price down. My friend waits, and then buys big. I stop jeopardising my clients money (they will have to carry any losses - tough on them, but I don't pay downside) and salvage whatever I can; nbut menawhile my friend has made real money. Later on he may buy me a drink. What's wrong? The shorting? or the conspiracy? Or the Hedge funds themselves, which practically guarantee the fraud? By Chris Goodwin
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