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Measure Details

South Dakota Small Investors Protection Act.

South Dakota Ballot Measure - Initiated Measure 9

Election: General Nov. 4, 2008 (General)
Outcome: Failed

Categories:
Business and Consumers
Finance and Banking

Summary

A common "stock market" transaction is a "short sale" where, for example, an investor who believes a publicly traded stock is over-priced will borrow that stock from an owner, sell the borrowed stock, and repurchase the stock later at a lower price to repay the loan, thereby making money if the price has fallen. If the price goes up, the investor must repurchase the stock at the higher price to repay the loan, and will lose money. Measure 9 would prohibit short sales.

State law currently does not regulate the time frame for the delivery of securities upon sale. Measure 9 would prohibit anyone from routinely taking longer than three business days to deliver securities they have sold.

If adopted, Measure 9 will likely be challenged in court and may be declared to be preempted by federal law and the United States Constitution.

Measure Text

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