5 Things About the Uptick Rule and ETFs You Should Know

March 16, 2009 at 6:00 am by Tom Lydon      Bookmark and Share

Whether you invest in stocks, mutual funds or exchange traded funds (ETFs), you’ve probably heard of the uptick rule by now. But do you know what it is and why it exists?

It is Rule 10a-1, and states that an investor can not short a security until it has traded higher at least once.

Many have argued that the uptick rule is useless and was created in response to panic on Wall Street during a major economic depression, although we will never know if this is actually true. John Devcic Investopedia clarifies that it is true that the uptick rule only comes into play when there is heavy interest in the shorting of a stock.

Here are a few more points about this rule:

  • In 2007, The Securities and Exchange Commission (SEC) had eliminated this rule to test and see if there was any validity to it. The SEC’s Office of Economic Analysis concluded that it did not appear necessary to prevent market manipulation.
  • Ultimately, the credit crash of 2007-2008 caused many to re-instate the rule.
  • Short-selling should not be viewed in a negative light. Short selling can put a top on irrational values, so the uptick rule slows irrational selling. Both are market instruments that work to maintain a proper flow to trading.
  • The uptick rule only come to mind during a bear market, or a time of market panic. Exchanges have their own uptick rules on top of The SEC’s uptick rule.
  • The major effects of the uptick rule cannot be put into a nutshell; the rule prevents any trader, big or small, from easily falling to an already lower price. Adding new short positions when a stock is on margin also makes the trader think twice before deciding on a new short position.
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  • alan
    If the uptick rule works - how about a downtick rule?
  • Joe
    Uptick / downtick are not symetrical. There's no risk of artificially driving a stock price to infinity thereby forcing it into bankruptcy due to inability to raise capital.
  • JR
    Ditto Alan.

    The bulls always want the upperhand and whine when they get beat down day in day out (for the last year or so).

    I trade for a living (10+ yrs). I go long and short everyday all day. Longs want to blame the repeal of the uptick rule for all their misery and losses. I find in my experience that repealing the uptick rule has brought quick and decisive price discovery which in my opinion is the true market. As long as the SEC cracks down on naked short selling and reigns that in then the markets will be fine in the long run.

    At some point the shorts have to cover which in turn helps bring price back up, and many times in dramatic fashion.
  • John Q. Trader
    If short sellers drive a price too low, then buyers get a huge bargain. The only people complaining are those who buy and hold for the long term, but they are placing the blame in the wrong place. Do you seriously think that short-term trading action (such as short sellers pushing a stock down) has a greater impact on a security over the long term than the actual fundamentals of the company? If the fundamentals priced the company higher, then the market would take it there.
  • Donato
    The uptick rule has much less significance now that we trade in decimals instead of fractions. Of much more importance is HR1068, currently in committee. That is a bill that would "make Wall Street pay for the bail out". But we all know that Wall Street won't pay a dime, it will only get passed on to us.

    HR1068 wants to put a one quarter percent tax on every share sold, NOT the profit of a trade. That would change the lives of a day trader to an extent that I cannot imagine.
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