SEC Adopts New Short Position Reporting Requirements for Market Participants

On October 13, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted (i) a new Rule 13f-2 under the Securities Exchange Act of 1934 (the “Exchange Act”) which will require a wide range of firms to file monthly reports with the SEC for large short positions in equity securities on a new Form SHO, as well as (ii) an amendment to the National Market System plan governing the Consolidated Audit Trail (the “CAT NMS Plan”) which adds an additional reporting requirement for CAT-reporting firms relying on the bona fide market maker exception to Reg SHO’s locate requirement.

The Final Rules, described in greater depth below, will require a significant compliance effort from firms and could potentially risk the exposure of certain valuable proprietary data. 

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