Subject: S7-01-23: WebForm Comments from Simon Field
From: Simon Field
Affiliation: CFO

Mar. 19, 2023

March 19, 2023

 The underline aim of the rule is supported however, the application of the exceptions creates a number of challenges for investors.

The exceptions are not rare events in day to day trading activities and therefore this ruling becomes obsolete to companies and organizations that trade in the NASDAQ. Particularly hedge funds  institutional investors). This raiding the question of purpose, and what the ruling is trying to achieve.

The exception creates a two tier system between advanced traders who will hedge in a way where they benefit from the exceptions. Whereas basic traders of one investment type will not mitigate ABS due to a number of reasons (knowledge of the investment system  available funding being the main two).

As a foreign retail investor, the exceptions indicate a bias towards hedge funds  investment institutions and raises integrity concerns of both the ruling and the SEC. This is likely to divert foreign investment as fairness and objectivity is circumvented.

Overall the exceptions within the proposed ruling does not allow this proposed ruling or the SEC to achieve its goals. A high volume of companies fail due to hedge funds and institutional investors diminishing the confidence of a company via short selling. Offsetting the risk by hedge funds and institutional investor via these exceptions allows them to continue these activities in one hand whilst offsetting in the other hand. Conflict of interest will continue to be a common occurrence.