; or (B) a hedge fund (as that term is defined in section 13(h) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851(h) ) or a group of hedge funds or persons that are, as determined by the Commission, working together to evade the requirements of section 13(d), 13(g), or 13(s) of the Act. . (c) Short interests Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Disclosure of short interests (1) In general A person who, after acquiring a direct or indirect short interest in an equity security of a class described in paragraph (2), has a direct or indirect short interest representing more than 5 per centum of the class, shall, not later than 4 business days after the acquisition, file with the Commission a statement containing information that is substantially similar to the statement required under subsection (d)(1). (2) Covered classes (A) In general The requirements of paragraph (1) shall apply to the following classes of securities: (i) Any equity security of a class which is registered pursuant to section 12. (ii) Any equity security of an insurance company which would have been required to be registered in accordance with section 12 except for the exemption contained in section 12(g)(2)(G). (iii) Any equity security issued by a closed-end investment company registered under the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq.). (B) Exception The requirements of paragraph (1) shall not apply to an equity security that belongs to a nonvoting class. (3) Short interest For purposes of this section, a person shall be deemed to have a short interest in a security if the person, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise, has the opportunity to profit from, or share in any profit derived from, any decrease in the value of the security, including— (A) an interest resulting from transactions in the security, including the sale of the security by the person when the person does not