chapter 15 study notes Flashcards
Regulation U
Regulation U pertains to lenders making loans to investors who use securities as collateral for the
loan. Regulation U would apply to partners of a member firm who are buying for their own account
as well as for customers. The limits that normally apply under Regulation U do not apply to transactions
by broker-dealers acting as market makers or underwriters. The ability of these dealers to use credit
to carry their positions is limited only by the lender’s own credit standards.
Uniform Practice Code VS. Reg T
ettlement refers to the timing of payment and delivery between member firms and is
governed under the Uniform Practice Code. The Reg T payment requirement refer to when customer
payment is due. Do not get these two concepts confused.
Margin Risk Disclosure Document
The customer could lose more funds than the amount deposited in the margin account.
The firm can force the sale of securities or other assets in the account(s).
The firm can sell the securities or other assets without contacting the customer.
The customer is not entitled to choose which securities or other assets in your account(s) are
liquidated or sold to meet a margin call.
The firm can increase its house maintenance margin requirements at any time and is not required to
provide the customer with advance written notice.
The customer is not entitled to an extension of time on a margin call.
Rule 15c2-1
Hypothecation
Hypothecation
Prohibited Practices
Some of these prohibited practices include:
Commingling of securities carried for the account of a customer with those of another customer
without obtaining the written consent of each customer
Commingling the securities of a customer with those of any person who is not a customer of the
broker-dealer, including securities owned by the broker-dealer
Hypothecating customer securities for a sum that exceeds the total indebtedness of all customers
rehypothecation.
With permission, broker-dealers are allowed to use their customers’ securities as collateral for bank
loans under a process termed rehypothecation.
Rehypothecation LImit
The broker dealer can use stock worth 140% of the debit balance to secure a loan that is equal to or lesser then the debit balance.
Stock Loans
If a broker-dealer intends to lend a customer’s stock to another broker-dealer, it may
do so only if the customer has signed a loan consent agreement.
Note that a customer does not need to sign the loan
consent agreement in order to open a margin account; it is optional. If the stock is fully paid, the
customer would be required to sign a separate written consent, in addition to the signed loan
consent in the margin agreement, before the broker-dealer could lend the stock.
reg t deposit requirement
Reg T requires both stock buyers and short sellers to put up an initial deposit of 50% of the trade.
This is the initial funding requirement often referred to as a Reg T call or a fed call.
Regulation T does not require the investor to deposit additional money if the price of the stock should decline.
Excess equity
refers to equity in a margin account that is greater than the Reg T requirement.
Long Market Value - Debit balance = Equity
Equity - Reg T amount = Excess Equity
SMA
Special Memorandum Account. Created by appreciation in securities, cash dividends or sale of securities and deposit of securities or cash.
Excess Equity - Reg T Requirement = SMA Created
Usefullness of SMA
SMA becomes apparent when there is a decline in excess equity. Although an increase
in excess equity can create an SMA entry, the SMA does not decrease when excess equity declines.
Restricted Account
If an account’s equity falls below 50%, it is referred to as a restricted account.
However, there is no requirement to deposit additional funds
Also, additional purchases could be made as
long as the customer deposits the amount required by Regulation T on the new purchase.
SMA can still be withdrawn in a restricted account.
Sales in a Restricted Account
In addition, a customer who sells stock in a restricted account may
withdraw 50% of the amount sold. The balance of the amount sold must be maintained in the
account in accordance with the retention requirement.
Buying Power in a margin account
Equals the SMA divided by the REg T requirement 50%