Investor's wiki

Threshold List

Threshold List

What Is a Threshold List?

A threshold list, otherwise called a Regulation SHO Threshold Security List, is a list of securities whose transactions failed to clear for five consecutive settlement days at a registered clearing agency.

Threshold lists are distributed as per regulations set by the Securities and Exchange Commission (SEC). Regulators survey this information as part of their efforts to detect market manipulation.

Understanding Threshold Lists

In January 2005, the SEC implemented Regulation SHO to reduce the abuse of naked short selling, where the seller doesn't borrow or orchestrate to borrow the securities in time to make delivery to the buyer within the standard two-day settlement period. As a result, the seller fails to deliver securities to the buyer when delivery is due, known as a "failure to deliver" or "fail."

At the point when naked short selling is utilized and the affected securities aren't delivered, the associated transactions will fail to clear. These failed transactions are reported consistently on a threshold list, and the SEC and other regulators can identify hints that ill-advised naked short selling might have happened.

Threshold lists can be unreservedly gotten to by the public through websites maintained by the Nasdaq Stock Market (NASDAQ), the New York Stock Exchange (NYSE), the Better Alternative Trading System (BATS), and the Financial Industry Regulatory Authority (FINRA).

To show up on a threshold list, the security must be registered with the SEC and fail to settle for at least five consecutive days. The failed settlements must likewise include a transaction size totaling 10,000 shares or more, or possibly 0.5% of the security's shares outstanding. Securities that meet these criteria and are remembered for the list are known as threshold securities.

There are likewise legitimate justifications for why a security might show up on a threshold list. Although a portion of these failures might be due to inappropriate naked short selling, they may likewise be brought about by technical peculiarities, human mistake, or legitimate lags in the time-consuming efforts of market producers to obtain securities for delivery. The securities on the threshold list should not automatically be considered to be suspicious.

Naked short selling is a trading practice, but regulators try to prevent its utilization for illegitimate purposes, for example, to drive down the price of a stock.

Illustration of a Threshold List

In June 2022, a snapshot of Nasdaq's threshold list uncovers threshold securities that trade on its exchange:

  • Aeroclean Technologies Inc (AERC)
  • Applied UV Inc (AUVI)
  • Past Meat Inc (BYND)

Although the list doesn't determine the reason for the failed settlements, it gives regulators a starting point from which to research the source of the failures.

Highlights

  • Threshold lists are distributed by different exchanges by SEC regulations.
  • Settlement failures might be indicative of ill-advised naked short selling.
  • A threshold list is a list of securities whose transactions failed to settle for five consecutive settlement days.
  • The SEC adopted Regulation SHO to address failures in delivering securities within the two-day settlement period, promote market stability, and prevent the erosion of investor confidence in financial markets.
  • Administrative errors may likewise cause settlement failures.

FAQ

When Is a Security Removed From the Threshold List?

A security stops being a Threshold Security and is eliminated from the list when it doesn't meet the threshold requirements for five consecutive settlement days.

Who Uses Threshold Lists?

Financial industry regulators inspect the threshold lists distributed by automatic entities, for example, Nasdaq, New York Stock Exchange, and registered clearing agencies. While there can be legitimate justifications for why a trade fails to settle, regulators try to detect indications of illegitimate naked short-selling practices in these lists. Threshold lists are additionally accessible to the public for inspection.

What Does Trade Settlement Mean?

Settlement of trade alludes to the completion of a trade transaction. Funds for the transaction are paid by the buyer and received by the seller. Any required securities have been delivered. Positions have been kept in investors' accounts. The settlement date is the specific day by which payment must be made. For stocks, the settlement date is two days after the trade date (T+2).