Post by fastwalker on Oct 20, 2004 11:06:09 GMT -5
I'm not sure if this was posted? Dave over at PB#31, is a solid..stand up guy..so, having said that, I think it's worth a read..Thanks..dave (aka)$*CMKXTREME*$
Theory about current covering...
Sorry, it requires a lot of background reading, and it's a lot of work to review all of this just to come up with a possible theory surrounding current volume and m/m activity. Anyway, here goes:
Questions: How can so much volume be moving through CMKX without a proportionate effect on the pps? How can “covering” be taking place without any upward pressure on the pps?
Answer: First Review the following excerpts from NPCT’s lawsuit against the DTC
49. … the process of the Stock Borrow Program is as follows:
(a) On a daily basis, Members who wish to participate in the Stock Borrow Program inform NSCC of the number of shares of each security that are available to be borrowed in their general unpledged account at the Depository Trust. [This is the borrowing pool]
(b) Each morning, after the evening allocation cycle, the NSCC determines which short positions still remain open.
(c) If a short position remains open, the NSCC attempts to borrow securities from its Members to satisfy these open positions.
(d) The NSCC uses a formula to determine the order in which it will borrow securities from its Members and utilizes the full amount of shares available from one Member before borrowing from the next Member in sequence.
(e) When the shares are borrowed, the lending Member’s Depository Trust account is debited by the number of borrowed shares. The borrowed shares are then credited to the NSCC’s Depository Trust account and transferred to the buyer’s Depository Trust account. The buyer acquires all right, title and interest in the borrowed shares, including the right to vote, receive dividends and resell the shares, without encumbrance or any reservation of rights.
(f) The NSCC records the borrowing of the shares as a long position in a special CNS sub-account set up specifically for the lending Member’s stock borrow activity.
(g) The NSCC credits the lending Member’s regular CNS account with funds equivalent to the total current market value of the borrowed shares which the lending Member may invest to earn interest overnight.
(h) The NSCC also receives a fee from the Member who created the short position requiring the NSCC to borrow the shares through the Stock Borrow Program.
53. One of the effects of the Stock Borrow Program is to allow sellers to continue to fail to deliver because the NSCC can borrow shares from the Stock Borrow Program to cover the fail to deliver positions.
54. If the seller fails to deliver the sold shares on Settlement Day, a short position for that seller is created in the CNS System which is ultimately covered by the Stock Borrow Program…
55. …when a seller fails to deliver, the buyer notifies the NSCC that it intends to buy-in the seller’s fail to deliver position. However, instead of executing the buy-in by going into the market, the NSCC executes the buy-in by borrowing shares from lending Members of the Stock Borrow Program.
56. As a result, the Stock Borrow Program allows sellers to continue to fail to deliver because the Stock Borrow Program has effectively obviated the sellers’ obligation to deliver and the buyers’ right to buy-in through the market.
57. By borrowing shares through the Stock Borrow Program to cover fails to deliver, the Defendants have created tens of millions of unregistered illegal free trading shares of the issuer, artificially (1) increasing the supply of an issuer’s shares in the marketplace; (2) driving down the price of the stock of the issuer; (3) devaluing the shareholders’ holdings in an issuer’s stock; and (4) causing multiple owners who purchase shares in separate transactions to own the same shares.
{In the following example, it is best if you associate the “Lenders” with brokers and market makers [making their shares, held for street, avaible to the DTC for the Stock Borrow Program], AND associate the “Buyers” with brokers and market makers [purchasing shares on behalf of their street clients]. All Brokers and market makers are also “DTC/NSCC Participating Members”.}
58. For example, assume that on April 1, Issuer has 100,000 issued and outstanding shares. On April 1, Seller S sells 1,000 shares of Issuer’s stock to Buyer B. Seller S fails to deliver the 1,000 shares for settlement by April 4, which is Settlement Day. The NSCC then borrows 1,000 shares from Lender L through the Stock Borrow Program and delivers the 1,000 shares to Buyer B’s Depository Trust account on April 4. Buyer B’s Depository Trust account now reflects that Buyer B owns 1,000 shares. At the same time, since Lender L’s loan of 1000 shares to the NSCC is not reported or visible to the marketplace, Lender L’s NSCC account still reports that it owns the 1,000 shares that it lent to the NSCC. As a result, the marketplace now indicates that Issuer has 101,000 issued and outstanding shares, when in fact Issuer has NOT issued or authorized the additional 1,000 shares. These shares were artificially created by the NSCC when it borrowed 1,000 shares through the Stock Borrow Program and delivered them to Buyer B. Furthermore, two people now own the same 1,000 shares – Lender L and Buyer B.
more....
Theory about current covering...
Sorry, it requires a lot of background reading, and it's a lot of work to review all of this just to come up with a possible theory surrounding current volume and m/m activity. Anyway, here goes:
Questions: How can so much volume be moving through CMKX without a proportionate effect on the pps? How can “covering” be taking place without any upward pressure on the pps?
Answer: First Review the following excerpts from NPCT’s lawsuit against the DTC
49. … the process of the Stock Borrow Program is as follows:
(a) On a daily basis, Members who wish to participate in the Stock Borrow Program inform NSCC of the number of shares of each security that are available to be borrowed in their general unpledged account at the Depository Trust. [This is the borrowing pool]
(b) Each morning, after the evening allocation cycle, the NSCC determines which short positions still remain open.
(c) If a short position remains open, the NSCC attempts to borrow securities from its Members to satisfy these open positions.
(d) The NSCC uses a formula to determine the order in which it will borrow securities from its Members and utilizes the full amount of shares available from one Member before borrowing from the next Member in sequence.
(e) When the shares are borrowed, the lending Member’s Depository Trust account is debited by the number of borrowed shares. The borrowed shares are then credited to the NSCC’s Depository Trust account and transferred to the buyer’s Depository Trust account. The buyer acquires all right, title and interest in the borrowed shares, including the right to vote, receive dividends and resell the shares, without encumbrance or any reservation of rights.
(f) The NSCC records the borrowing of the shares as a long position in a special CNS sub-account set up specifically for the lending Member’s stock borrow activity.
(g) The NSCC credits the lending Member’s regular CNS account with funds equivalent to the total current market value of the borrowed shares which the lending Member may invest to earn interest overnight.
(h) The NSCC also receives a fee from the Member who created the short position requiring the NSCC to borrow the shares through the Stock Borrow Program.
53. One of the effects of the Stock Borrow Program is to allow sellers to continue to fail to deliver because the NSCC can borrow shares from the Stock Borrow Program to cover the fail to deliver positions.
54. If the seller fails to deliver the sold shares on Settlement Day, a short position for that seller is created in the CNS System which is ultimately covered by the Stock Borrow Program…
55. …when a seller fails to deliver, the buyer notifies the NSCC that it intends to buy-in the seller’s fail to deliver position. However, instead of executing the buy-in by going into the market, the NSCC executes the buy-in by borrowing shares from lending Members of the Stock Borrow Program.
56. As a result, the Stock Borrow Program allows sellers to continue to fail to deliver because the Stock Borrow Program has effectively obviated the sellers’ obligation to deliver and the buyers’ right to buy-in through the market.
57. By borrowing shares through the Stock Borrow Program to cover fails to deliver, the Defendants have created tens of millions of unregistered illegal free trading shares of the issuer, artificially (1) increasing the supply of an issuer’s shares in the marketplace; (2) driving down the price of the stock of the issuer; (3) devaluing the shareholders’ holdings in an issuer’s stock; and (4) causing multiple owners who purchase shares in separate transactions to own the same shares.
{In the following example, it is best if you associate the “Lenders” with brokers and market makers [making their shares, held for street, avaible to the DTC for the Stock Borrow Program], AND associate the “Buyers” with brokers and market makers [purchasing shares on behalf of their street clients]. All Brokers and market makers are also “DTC/NSCC Participating Members”.}
58. For example, assume that on April 1, Issuer has 100,000 issued and outstanding shares. On April 1, Seller S sells 1,000 shares of Issuer’s stock to Buyer B. Seller S fails to deliver the 1,000 shares for settlement by April 4, which is Settlement Day. The NSCC then borrows 1,000 shares from Lender L through the Stock Borrow Program and delivers the 1,000 shares to Buyer B’s Depository Trust account on April 4. Buyer B’s Depository Trust account now reflects that Buyer B owns 1,000 shares. At the same time, since Lender L’s loan of 1000 shares to the NSCC is not reported or visible to the marketplace, Lender L’s NSCC account still reports that it owns the 1,000 shares that it lent to the NSCC. As a result, the marketplace now indicates that Issuer has 101,000 issued and outstanding shares, when in fact Issuer has NOT issued or authorized the additional 1,000 shares. These shares were artificially created by the NSCC when it borrowed 1,000 shares through the Stock Borrow Program and delivered them to Buyer B. Furthermore, two people now own the same 1,000 shares – Lender L and Buyer B.
more....