Browse Market Structure

Short-Sale Rule: Historical Market Regulation for Short Sales

The Short-Sale Rule, rescinded in 2007, was a Securities and Exchange Commission rule that required short sales to be made only in a rising market. Also known as the plus-tick rule.

The Short-Sale Rule was a regulation instituted by the Securities and Exchange Commission (SEC) that governed how short sales of securities could be conducted in the U.S. stock market. Formally known as the plus-tick rule, this rule was established to mitigate excessive downward price pressure on securities by permitting short sales only in a rising market condition.

Origin

The Short-Sale Rule was first introduced by the SEC in 1938 under Rule 10a-1 of the Securities Exchange Act of 1934. It was formulated in response to concerns that unrestricted short selling could exacerbate market declines and lead to unwarranted market volatility.

Rule Specification

The rule specified that a short sale could only be executed on a price uptick, defined as a price higher than the previous different traded price (or zero-plus tick, which occurs with no change in price from the last different price). This was meant to ensure that short selling did not contribute to further downward pressure on security prices during market downturns.

Rescission in 2007

The SEC officially rescinded the Short-Sale Rule on July 6, 2007, following extensive studies and public comments. It was determined that the regulatory landscape and trading environment had sufficiently evolved to a point where the rule was no longer deemed necessary to protect investors and maintain fair and orderly markets.

Positive Market Effect

By requiring short sales to occur only on an uptick, the rule aimed to prevent price manipulation and stabilize the markets during periods of stress. This helped to balance the benefits of short selling, such as adding liquidity and price discovery, with the need to protect against its potential to amplify downward market trends.

Post-Rescission Regulatory Environment

Since the rescission of the Short-Sale Rule, market participants have operated under a less restrictive framework for short selling. However, the SEC has introduced other measures to address concerns similar to those that originally gave rise to the plus-tick rule, including:

  • Regulation SHO: Implemented to address failures to deliver and naked short selling.
  • Alternative Uptick Rule: Set up after the 2008 financial crisis, this rule permits short sales only when the market is not experiencing a severe downward trend.

Example: Pre-2007 Market Behavior

Consider a stock trading at $50 per share. Under the Short-Sale Rule, if the last sale price was $50, a short sale could only be executed if the next transaction occurred at a price higher than $50.01 or above. This ensured that short sellers wouldn’t put additional downward pressure on the stock price during a declining market trend.

Market Dynamics Post-Rescission

Post-2007, traders could short sell without waiting for an uptick, which provided more flexibility and potential profit opportunities. However, this also brought increased scrutiny regarding market manipulation and pressure on stock prices during downturns.

FAQs

What is the primary purpose of the Short-Sale Rule?

The primary purpose was to prevent excessive downward price pressure caused by short selling in declining markets, thereby stabilizing prices and maintaining market order.

Why was the Short-Sale Rule rescinded?

It was rescinded due to changes in market dynamics and the introduction of new regulations that offered a modern approach to managing market volatility and short selling activities.

What replaced the Short-Sale Rule?

Post-rescission, the SEC implemented Regulation SHO, and during the 2008 financial crisis, an Alternative Uptick Rule was also put in place to prevent unrestricted short selling during severe market declines.
Revised on Monday, May 18, 2026