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A lot of people are claiming “customer funds have to be segregated” and that “funds can’t be used to actually buy the security and are not released from the cus
by zaroth 6y ago
A lot of people are claiming “customer funds have to be segregated” and that “funds can’t be used to actually buy the security and are not released from the customer account until the trade settles”.
I think these are massive oversimplifications to the point of being useless or outright false.
I suppose if you wanted to learn a little bit about how the regulations are actually written, you could start here:
https://www.finra.org/sites/default/files/SEA.Rule_.15c3-3.pdf https://www.finra.org/sites/default/files/SEA.Rule_.15c3-3.p...
These are just some of the requirements that brokers have to “reduce securities to possession or control” for both fully-paid or excess margin securities.
Here’s my (mostly uneducated) opinion on what is really happening. It has roughly nothing to do with Robinhood not being able to execute Buy orders because they couldn’t post the funds required. Because fully-paid securities (non-margin) are paid for with customer funds, not floated by the broker while they settle.
The problem was that too many shares have been lended out to short sellers out from under long positions that are now trying to sell.
The hedge funds that borrowed and sold those shares simply
don’t have the cash or credit to buy the shares back at the current market price that the rightful owner has rightfully now sold. Failing that the broker needs to find someone else willing the lend a share the the hedge fund. And who would want to lend a share of GME to an insolvent short seller?!
So there is a deficiency, but the deficiency is because of hedge funds which are now $30B underwater while unrelated parties are trying to sell shares that have already been sold.
Yes, this is a long way of saying there’s a short squeeze. But you know the saying “owe the bank $1 million you can’t pay, that’s bad news for you. Owe the bank $100 million you can’t pay, that’s bad news for the bank!”
It’s a game of musical shares. The brokers that let the hedge funds load up on 140% short interest now need to either force-liquidate the hedge fund shorts to get back the share that’s being traded and needs to be delivered to Robinhood, or they need to find someone else to borrow the share from.
When the broker fails to deliver the share at the time the original holder sells it, the broker is now on the hook for any price movement that occurs until they can deliver. Which of course the hedge fund can’t afford, so it’s lose-lose.
In the end Robinhood disabled the buy button because all the shares being sold have been loaned out and shorted, there’s not enough shares available to borrow, and the hedge funds are way past bankruptcy at this point and hoping for some massive price reversal or else they take a lot of people down with them.
The counterparty risks at this point are extreme. It’s not Robinhood that’s the problem, it’s the people selling Robinhood shares that they can’t actually show a clear title on. I think what Robinhood is worried about mostly at this point is contagion when the hedge funds holding 140% short interest can’t afford the $30B bill.
- tedunangst 6y agoI'm really skeptical that robinhood shut down buys because they were the ones worried about counterparty risk. That's kinda out of character. And then extended that concern to 50 other stocks.
- zaroth 6y agoThere’s zero risk to Robinhood to settle a full-cash Buy of a security, except for counter-party risk not being able to deliver the shares free and clear. Lack of truly real available GME shares are literally the whole issue at hand here, since literally more than all of them have actually been loaned to the Hedges to short. The funds are deposited and under the full control of Robinhood. This theory that Robinhood has to match their customer fully cleared funds with their own dollars, which can’t be backed by the customer funds, in order to actually take delivery of the shares and only then can the customer account funds be debited.... It’s been repeated constantly without evidence, and I’d really like to see the evidence.
- tptacek 6y agoYou're saying this, but the rules (which are convoluted) appear to require fund segregation, and, moreover, when MF Global was accused of doing what you're talking about, it was a major NYT and WSJ story. http://m.futuresmag.com/2011/12/28/mf-global-may-have-sent-customer-money-dtcc http://m.futuresmag.com/2011/12/28/mf-global-may-have-sent-c...
- tedunangst 6y agoWSJ link: https://www.wsj.com/articles/SB10001424052970203920204577191014034430488 https://www.wsj.com/articles/SB10001424052970203920204577191...
- zaroth 6y agoWhat MF Global did was totally different; > The story states that a London clearinghouse forced MF Global to pay roughly $300 million to back some of its bond holdings during its last week. There's a mountain of difference between sending customer money to purchase customer's own securities, versus raiding customer accounts to pay a margin call against your own bond holdings. You cannot raid customer funds to pay for proprietary (broker's own) activity. Of course using customer own funds to pay for customer's own orders is not restricted. There's nothing to collateralize for a fully cash funded share purchase. Collateral can only possibly be an issue if the customer is trading on margin.