December Stock Talk II

Regulation SHO took effect January 3, 2005, and provides a new regulatory framework governing short selling of securities. It was designed with the objective of simplifying and modernizing short sale regulation and providing controls where they are most needed. At the conclusion of each settlement day, data is provided on securities in which: 1) there are at least 10,000 shares in aggregate failed deliveries for the security for five consecutive settlement days, and 2) these failures constitute at least 0.5% of the issuer's total shares outstanding. Regulation SHO mandates that, if a clearing agent has had a fail-to-deliver position for 13 consecutive settlement days, that clearing agent, and the broker/dealer it clears for, must purchase securities to close out its fail to deliver position.

Hoku Scientific Inc. (NASDAQ: HOKU | charts | news | PowerRating) a materials science company, provides materials and components for the generation of electricity from clean energy technologies in the United States and internationally. It designs, develops, and manufactures membrane electrode assemblies (MEAs) and membranes for proton exchange membrane fuel cells, as well as develops custom monomers and polymers for MEAs. The company also develops photovoltaic (PV) modules for solar power systems; and polysilicon, a primary raw material used to manufacture PV modules. Hoku Scientific offers its products and services for the residential primary power, commercial back-up, and automotive hydrogen fuel cell markets. The company was incorporated in March 2001 under the name Pacific Energy Group, Inc. and changed its name to Hoku Scientific, Inc. in July 2001. Hoku Scientific is headquartered in Kapolei, Hawaii. With 16.8 million shares outstanding and 3.8 million shares declared short as of November 2007, the failure to deliver in shares of HOKU has not been resolved and a buy-in is imminent.

Thanks.  That's good info to have.  I get stuck on ProShares because of their short ETF's.

SEC
Regulation SHO, under the Securities Exchange Act of 1934, mandates that, if a
clearing agent has had a fail-to-deliver position for 13 consecutive
settlement days, that clearing agent, and the broker/dealer it clears for,
must purchase securities to close out its fail to deliver position.