Positive determination....
posted on
Oct 31, 2016 05:43PM
Well....that's one day gone and the 5,000 I moved into my new RSP account have not transferred over, they still show up in my Open Margin account. The account is open and I have a confirmation number for the "in kind" transfer.
My understanding of short selling is that before going short, that the short seller must first make "positive determination" that the shares they're selling, that they can in fact be located. If the shares are not available, then this can cause a "delivery failure" and the shorting is then referred to as "naked" because the shares that were purchased by the buyer.....they don't exist. And naked short selling is not allowed, at least not in the U.S. from whence I gather most of my information....and I assume Canadian Securities law to be pretty much the same in almost all cases.
But there is one qualification....an exception.
Market Maker Broker Dealers engaged in genunie Market Making activity are expempted from the "positive determination" requirement according to everything I have read. In other words an MM is allowed to Naked Short a stock provided its part of genuine Market Making activity....providing liquidity and an orderly market by ensuring there are always shares for buyers and buyers for sellers.
So I consider it at least "possible" that the shares I am holding in my Open Margin account....that they may not have been located. And if RVX is as tightly held as I suspect it might be....then things could get fun.
Anyway we shall see if they've transferred over tomorrow....if they have, then that's that...nothing more to say. If not however I'll be calling my broker for a fun conversation.