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Rule 440F. Public Short Sale Transactions Effected on the Exchange

This rule is no longer applicable effective November 11, 2008.

• • • Supplementary Material: --------------

Reports on Form SS20

.10 Requirements for filing

Every ROUND-LOT short sale transaction in stocks (or certificates therefor) or warrants effected on the floor of the Exchange for the accounts of PUBLIC customers is required to be reported on Form SS20. Reports are to be filed by the member organization through which the transaction is cleared/settled.

Public customers are all customers OTHER THAN NYSE members or member organizations. Included as public are limited/special partners and non-voting stockholders who are not also NYSE members. Also included are employees of member organizations.

General Instructions
(1) Report by TRADE (not settlement) DATES.
(2) The term "Round-Lot" means 100 shares or 10 shares or multiples thereof depending on the unit of trading of the securities included.
(3) Exclude transactions in rights.
(4) If there are no reportable transactions for a specific week, a form should be filed marked "None".
(5) File this report with Credit Regulation Department, via the New York Stock Exchange's Electronic Filing Platform ("EFP"), as soon as possible, but not later than 12:00 noon on the Friday of the week following the week covered by the report.
(6) Inquiries should be addressed to Credit Regulation Department, telephone 212-656-8572.
(7) Reserved.
Specific Instructions
(1) For the purpose of this report, "short sales" are those defined in the Securities and Exchange Commission's Rule 200 to Regulation SHO. The classification of a sale as "short" should be determined by the manner in which the order was marked. However, in the case of an order erroneously marked and so executed, the resulting transaction should be classified in accordance with its correct status.
(2) Short sales for hedging accounts and short sales executed as such for arbitrage accounts should be included.
(3) Exclude from the report the following:
(a) All odd-lot transactions;
(b) all transactions in bonds;
(c) stocks loaned or borrowed;
(d) transactions executed in over-the-counter markets or on other exchanges.
Amended:
October 19, 1967, effective January 1, 1968;
July 15, 1971;
February 25, 2005 (NYSE-2005-07);
amended by SR-FINRA-2007-025 effective December 5, 2007.
Amended by SR-FINRA-2008-036 eff. Nov. 11, 2008.

Selected Notice: 08-64.

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