The Investment Dealers Association of Canada is alerting brokerage firms to new short-selling rules released by NASD, the private sector regulator of the U.S. securities industry.

The amendments to NASD rule 33-70 “Prompt receipt and delivery of securities” expand the scope of the “affirmative determination” requirement to include orders received from non-NASD member broker/dealers where the orders do not relate to bona fide market making transactions, or do not result in bona fide fully hedged or arbitraged positions.

The effect of this rule change is that no IDA member or rep can carry out a short sale in any security traded on a NASD regulated market unless they make an affirmative determination that they will receive delivery of the security from the customer or that the firm can borrow the security on behalf of the customer by settlement date. Amendments to the NASD rule took effect April 1.

“It is our expectation that members trading directly or indirectly on NASD regulated markets will adjust their trading practices to comply with this rule. Failure by a member to comply with this rule may be considered to be engaging in a “conduct or practice that is unbecoming or detrimental to the public interest” and therefore a breach of IDA By-law 29.1,” the regulator warns.