India Intra-Day Shorting Risk Disclosure

Interactive Brokers currently offers the ability to short sell stocks before taking delivery on an intra-day basis. In accordance with IB’s intra-day shorting rules, traders are required to deliver shares sold or close short stock positions prior to the end of the trading session. 

Should traders establish a short stock position intra-day and still hold the position ten minutes prior to the end of the trading session at 15:20 IST, Interactive Brokers may, on a best efforts basis, close the position on your behalf. If the position is not closed by the end of the day and the shares are not delivered by the customer before settlement, the loss on account of auction will be borne by the customer. Please note that prices in the auction market are highly variable and typically not favorable compared to the normal market.

It is important to note, IB will not take into consideration any closing orders for short stock positions placed by the customer which may still be working. If your account holds a short position ten minutes prior to the end of the trading session and you have placed working orders to close those positions, there is the possibility your closing order will execute and that IB will act to close out your short position.  In this situation you will be responsible for both executions and will need to manage your long position accordingly.

A fee of INR 2,000 will be charged for this manual processing in addition to any external penalties in the case of short stock positions resulting in auction trades.  As such, we strongly urge customers to monitor their positions and take appropriate action themselves in order to avoid this.

Reg. SHO Short Sale Bid Test

Effective November 10, 2010, an amendment to SEC Reg. SHO goes into effect which will place certain restrictions on short selling when a given stock is experiencing significant downward price pressure.  This amendment, referred to as the alternative uptick rule (Rule 201) introduces a circuit breaker which takes effect wherever the primary listing market declares that a stock has declined 10% or more from the prior day’s closing price. 

Once the circuit breaker has been triggered, a Price Restriction is imposed which prohibits the display or execution of a short sale transaction if the order price is at or below the current national best bid. As a result, short sellers will not be allowed to act as liquidity takers when the Price Restriction applies and can only participate as liquidity providers adding depth to the market.  Individuals owning and attempting to sell a security subject to a Price Restriction (i.e., long sellers) are afforded a priority over short sellers in that while they are similarly prohibited from displaying or executing a sale transaction at a price below the current national best bid, they may display or execute orders at the bid.  Accordingly, long sellers are allowed to act as liquidity takers. 

The Price Restriction will apply to all short sale orders in that security for the remainder of the day as well as the following trading day.  Note that while the Price Restriction can only be triggered during regular trading hours, the restriction itself extends beyond regular trading hours on both the first and second days. In addition, there is no limit on the number of consecutive days in which a primary listing market can trigger a Price Restriction. If a stock currently subject to a Price Restriction again declines 10% or more from the prior day’s closing price, the restriction will be re-triggered for the remainder of that day as well as the following trading day.  

Rule 201 applies to all National Market System (NMS) securities; that is, stocks listed on a U.S. stock exchange whether traded on an exchange or in the over-the-counter market.  It does not apply to stocks which are traded only on the OTCBB and/or PINK nor stocks of U.S. companies which are executed on a non-U.S. exchange.

 

Example: Assume hypothetical stock XYZ closed yesterday at $10.00 and today reports a trade at $8.99 (down 10.1%) with a NBBO of $8.98 x $9.00. As the stock has declined by greater than 10%, the primary listing market would trigger the circuit breaker, effectively prohibiting the display or execution of a short sale order at $8.98 or less even if the order was a market order or had a limit price below $8.98.  The short sale order may only be displayed or executed at $8.99 or higher (assuming the stock trades in one penny increments). A long sale order could only be displayed or executed at $8.98 or higher. This Price Restriction would remain in effect for the remainder of today and tomorrow (assuming no subsequent price declines of 10% or more).

Why does the "price" on hard to borrow stocks not agree to the closing price of the stock?

In determining the cash deposit required to collateralize a stock borrow position, the general industry convention is for the lender to require a deposit equal to 102% of the prior business day's** settlement price, rounded up to the nearest whole dollar and then multiplied by the number of shares borrowed.  As borrow rates are determined based upon the value of the loan collateral, this convention impacts the cost of maintaining the short position, with the impact being most significant in the case of low-priced and hard-to-borrow shares. Note, for shares not denominated in USD the calculation will differ. Find below a table summarizing the calculations per currency:

Currency Calculation Method
USD 102%; rounded up to the nearest dollar
CAD 102%; rounded up to the nearest dollar
EUR 105%; rounded up to the nearest cent
CHF 105%; rounded up to the nearest rappen
GBP 105%; rounded up to the nearest pence
HKD 105%; rounded up to the nearest cent

For US Treasuries and corporate bonds, the collateral amount on which the borrow fee is charged will include the accrued interest.

Account holders may view this adjusted price for a given transaction in the "Borrow Fee Details" section of the daily account statement.  Two examples of this collateral calculation and its impact upon borrow fees are provided below.

 

Example 1

Sell short 100,000 shares of ABC at a price of $1.50

Short sale proceeds received = $150,000.00

Assume the price of ABC falls to $0.25 and the stock has a borrow fee rate of 50%

 

Short stock collateral value calculation

Price = 0.25 x 102% = 0.255; round up to $1.00

Value = 100,000 shares x $1.00 = $100,000.00

Borrow fee = $100,000 x 50% / 360 days in year = $138.89 per day

Assuming the account holder's cash balance does not include proceeds from any other short sale transaction then this borrow fee will not be offset by any credit interest on the short sale proceeds as the balance does not exceed the minimum $100,000 Tier 1 threshold necessary to accrue interest.

 

Example 2 (EUR denominated stock)

Sell short 100,000 shares of ABC at a price of EUR 1.50

Assume a prior business day's close price of EUR 1.55 and a borrow fee rate of 50%

Short stock collateral value calculation

Price = EUR 1.55 x 105% = 1.6275; round up to EUR 1.63

Value = 100,000 shares x 1.63 = $163,000.00

Borrow fee = EUR 163,000 x 50% / 360 days in year = EUR 226.38 per day

 

** Please note, Saturdays and Sundays are treated as a Friday and will use Thursday's settlement price to calculate the required deposit.

When I short a stock, when will the hard to borrow interest begin accruing?

Short positions will have a borrow interest/fee associated with them.

Borrow interest will begin being charged on a short position from short settlement date to buy-to-cover settlement date.

For example, you sell XYZ on Monday, and you close the position on Tuesday. Borrow interest would start to be charged upon Wednesday's settlement date (T+2). Interest would cease to be charged on Thursday, the settlement date (T+2) of the buy-to-cover order.

 

Overview of Short Stock Buy-Ins & Close-Outs

Introduction

Clients holding short stock positions (including short positions resulting from option assignments or exercises) are at risk of having these positions bought-in and closed out by us, oftentimes with little or no advance notice. This isrisk which is inherent in short selling and generally outside the control of the client. “Buy-ins” are conducted in accordance with regulatory rules that dictate how and when buy-ins are conducted.

While similar in their effect, the term “buy-in” refers to an action taken by a third party and a “close-out” refers to an action taken by us. These actions typically result from one of three events:

1.     The shares required to be delivered when a short sale settles cannot be borrowed;

2.     The shares which were borrowed and delivered at settlement are later recalled; or

3.     A fail to deliver with the clearinghouse occurs.

An overview of each of these three events and their considerations is provided below.

1. Short Sale Statement

When stock is sold short, the broker must arrange for the shares to be borrowed for delivery by the settlement date, which in the case of U.S. securities is the second business day following the date of the trade (T+2). Prior to executing the short sale, the broker must have reasonable grounds to believe that the security can be borrowed so that it can be delivered on the date delivery is due. This is accomplished by verifying the current availability of the shares for borrowing. Note that there is no assurance that shares available to borrow on the date of trade will remain available to borrow 2 days later for delivery at settlement, and the short sale may be subject to forced close-out if the shares can no longer be borrowed for delivery. If the client “pre-borrows” shares to deliver at settlement (i.e., actually borrows shares before selling short) the client will not be subject to a close-out as long as the borrowed shares remain available. The processing timeline for determination of a close-out is as follows:

T+2

If we are unable to borrow shares to deliver on settlement date (T+2), we have until market open of the following day, T+3, to cover the delivery obligation and prevent close-outs.

T+3 (all times in ET)

09:20

If we were unable to borrow shares to meet settlement, a communication will be sent, on a best efforts basis, notifying the client that a close-out will occur.

09:30

We initiate the close-out by placing an order prior to the open of regular trading hours. The close-out quantity will be reflected within the TWS Trades window. Since the final close-out price may not be known until the end of the day, the previous trading day’s closing price is used as a placeholder price on TWS. The placeholder price will be updated with the actual execution price upon completion of the close-out order.

It is possible that under certain circumstances, due to limited liquidity in the market, that the close-out order may not be executed or may be only partially executed. In that case, the initial close-out quantity will be corrected down to the executed quantity. The remaining quantity will remain subject to close-out at the start of regular trading hours the following business day.

2. Loan Recall

Once a short sale has settled (i.e., stock has been borrowed and used to deliver the shares sold short to the buyer), the lender of the shares reserves the right to request their return at any time. Should a recall occur, we will attempt to replace the recalled shares with those from another lender. If the recalled shares cannot be replaced within two days of the recall notice, the lender can issue a formal Buy-In Warning which allows for a buy-in to take place that day. While the issuance of this formal warning provides the lender the option to buy-in, the proportion of recall notices that actually result in a buy-in are low (typically due to our ability to source shares elsewhere). Given the volume of formal recalls which we receive but are not later acted upon by the lender, we do not provide clients with advance warning of these recall notices.

Once a counterparty issues a Buy-In Warning to us, the counterparty may buy-in the shares we are borrowing at any time for that trade date. In the event the recall results in a buy-in, the lender executes the buy-in transaction and notifies us of the execution price. We conduct vetting of counterparty buy-in prices for appropriateness with the day's trading activity.

In turn, we allocate the buy-in to clients based upon their settled short stock position. Unsettled trades are not considered when determining liability. Recall buy-ins are viewable within the TWS Trades window once they are posted to the account by approximately 17:30 EST.

3. Fail to Deliver

A fail to deliver occurs when a broker has a net short settlement obligation with the clearinghouse and does not have the shares available within its own inventory or cannot borrow them from another broker in order to meet the delivery obligation. A fail to deliver can result from a long or short sale.

In the case of US stocks, brokers are obligated to close the fail position by no later than the start of regular trading hours on the day following the settlement day. This can be accomplished by delivering purchased or borrowed shares. If available stock borrow transactions prove insufficient to satisfy the delivery obligation, we will close-out clients holding short positions by placing an order prior to the open of regular trading hours. It is possible that under certain circumstances, due to limited liquidity in the market, that the close-out order may not be executed or may be only partially executed. In that case, the initial close-out quantity will be corrected down to the executed quantity. The remaining quantity will remain subject to close-out at the start of regular trading hours the following business day.

Important Notes

Clients should note that on any day on which they have been closed out, they are required to end the day as a net purchaser—in aggregate across all of their accounts with the Firm—of at least the number of shares they were closed out on (in the security they were closed out on). As a result, for the remainder of the trading day on which a client was closed out, that client will not be permitted to (i) sell short the stock they were closed out in, (ii) write in-the-money call options on the stock they were closed out in, or (iii) exercise put options on the stock they were closed out in (the "Trading Restrictions"). If a client nevertheless does not end the day as a net purchaser of the required number of shares for the stock they have been closed out in (for example, as the result of being assigned on call options previously written)—in aggregate across all of the client's accounts with the Firm—the Firm will perform another close-out in the account on the next trading day for the number of shares that, when added to the client's aggregate net trading activity in such stock on the close-out date, would have been required to make the client a net purchaser of the required number of shares of such stock that day, and the client will again be required to remain a net purchaser across all of their accounts of that many shares and again subject to the Trading Restrictions for the remainder of that day.

 

Clients should be aware that based on the manner in which we are required to execute a close-out and a third party is allowed to execute a buy-in, significant differences between the price at which the transaction was executed and the prior day's close may result. These differences may be especially pronounced in the case of illiquid securities. Clients should be aware of these risks and manage their portfolio accordingly.

 

Why do I receive a notice of a potential buy-in of my short position when your Short Stock Availability List is showing shares available to borrow?

As background, the short stock availability list represents the inventory of shares which IBKR has available to lend and which other brokers have indicated that they have available to lend. While it is updated on a near real-time basis throughout the day for changes to IBKR's inventory and periodically throughout the day to reflect updates to the availability lists of other brokers, many brokers provide updates only once per day.


It should be noted that the purpose of the short stock availability list is to meet the broker's regulatory obligation that they have made a reasonable determination that a security can be borrowed in time for settlement three business days later. There is no regulatory requirement, in most instances, that the broker pre-borrow shares to effect delivery on a short sale prior to settlement and the requirement which this list serves to address is completely separate from the SEC rules which require that the broker force-close any short position having a delivery obligation subject to fail with the clearinghouse on any given day.


It is these rules which we are adhering to when we review your short positions relative to our settlement obligations with the clearinghouse each day. While the shares necessary to cover your short sale may have been available as of the date your trade took place and subsequently thereafter, there can be no assurance that those shares can be borrowed indefinitely. The inventory of available shares to borrow is dynamic and subject to change throughout a given day. When we believe that there is a reasonable chance that we will not be able to maintain your borrow position on a particular day, we will make every effort to provide you with a notice of those short positions which are likely to be bought in absent preemptive action on your part.

Understanding interest charges when the net cash balance is a credit

An account will be subject to interest charges despite maintaining an overall net long or credit cash balance under the following circumstances: 

1. The account maintains a short or debit balance in a given currency.

For example, an account maintaining a net cash credit balance equivalent to USD 5,000 comprised of a long USD balance of 8,000 and a short EUR balance equivalent to USD 3,000 would be subject to an interest debit based upon the short EUR balance.  There would be no offsetting credit on the long USD balance as it is less than the USD 10,000 Tier I level above which interest is earned.  

Account holders should note that in the event they purchase a security which is denominated in a currency that they do not hold in their account, IBKR will create a loan in that currency in order to settle the trade with the clearinghouse. If one wishes to avoid such loans and their associated interest charges, they would need to either deposit funds denominated in that particular currency or convert existing cash balances via the Ideal Pro (for balances of USD 25,000 or above) or odd lot (for balances less than USD 25,000) venue prior to entering into your trade. 

2. The credit balance is comprised  principally of proceeds from the short sale of securities. 

For example, an account maintaining a net cash credit balance of USD 12,000 which is comprised of a USD debit of 6,000 in the security sub-account (less the market value of any short stock positions) and a short stock market value credit of USD 18,000 would be charged interest on the Tier 1 debit of USD 6,000 and would earn no interest on the short stock credit as it falls below the USD 100,000 Tier I level.

3. The credit balance includes unsettled funds.

IBKR determines interest debits and credits solely based upon settled funds. Just as an account holder is not assessed interest charges on funds borrowed to purchase a security until such time that purchase transaction settles, the account holder will not receive an interest credit, or offset against a debit balance, on funds originating from the sale of a security until such time the transaction has settled (and IBKR has been credited funds by the clearinghouse).

 

How can I find out if IBKR has stock available to short?

Übersicht: 

From IBKR’s home page at www.interactivebrokers.com select the Products menu and click on "Securities Financing" in the Services section. Scroll down to the section titled Availability List. From this page you can click on the link which corresponds to the country in which the stock you are trying to short trades. The stocks are listed in alphabetical order.  Find the stock in question and check the availability status. It is advisable that you also review the Overview of Short Stock Buy-Ins & Close-Outs article as this will contain important information regarding potential buy-ins and close-outs of short stock positions.

The other option is to access information on short stock availability through Client Portal. Open the navigation menu and click on Support. On the Support page you will see the Short Stock (SLB) Availability tool. Here you can type in different symbols and search for availability. 

Background: 

Be aware that short stock availability is a very fluid situation, constantly changing throughout each trading session. Because a stock is available now does not mean it will be available the next day, or even the hour or less. IBKR tries to maintain a short stock availability database, but it is not possible to have this tool update in real time.

Overview of Regulation SHO

 

Regulation SHO, adopted by the SEC in January 2005, sets forth the regulatory framework governing short sales.  Two key provisions, intended to address problems associated with persistent fails to deliver and potentially abusive naked short selling, involve locate and close-out requirements.

 

Under the locate requirement, a broker-dealer must have reasonable grounds to believe that the security can be borrowed so that it can be delivered on the delivery due date before effecting a short sale order.  

 

The close-out requirement requires that the clearing broker take immediate action to close out a fail to deliver position in a threshold security that has persisted for 13 consecutive settlement days by purchasing securities of like kind and quantity. Until the position is closed out, the broker may not effect further short sales in that threshold security without borrowing or entering into a bona fide agreement to borrow the security (known as the "pre-borrowing" requirement)

 

IMPORTANT NOTE:

In October 2008, the SEC amended Regulation SHO with temporary Rule 204T (in place until July 31, 2009) which requires that any broker having a fail to deliver position at NSCC on the settlement date immediately borrow or purchase securities to close out the amount of the fail to deliver position by no later than the beginning of regular trading hours on the following settlement date (the “Close-Out Date”). This close-out requirement requires that the broker take affirmative action to purchase or borrow securities and not offset the fail to deliver position with shares it will receive on the Close-Out Date. Rule 204T applies to all securities not just threshold securities.

Glossary terms: 

I have an open order to sell short stock that should have been executed, but it is still on my TWS and not being filled.

Übersicht: 

When traders attempt to sell short a stock which IBKR does not currently have in inventory to loan them, IBKR will look for these shares “on the street”, which means from other brokerage firms.  This search is conducted on a best-efforts only basis.  While IBKR searches for the shares, the order status box on the TWS Order Management page should be dark green and will show a small icon of a pair of binoculars, which indicates we are searching.  In the WebTrader, there are no status colors or icons.  The order will simply not execute as IBKR searches for the shares on the street.

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