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Naked shorting: The curious incident of the shares that didn't exist (2005)

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Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#161
post #106

Earlier quoted context omitted.

I can’t quite wrap my head around how this is possible. Are stock brokers allowed to just generate shares in their computer systems and then find a way later to actually obtain them? And when they do so, that might actually be from another broker who magicked them into existence?

Because actual delivery does not happen until settlement time three days later. The seller has until then to acquire the shares. Naked shorting is illegal. To short the shares the seller only has to perform a “locate” first. That involves contacting someone that has the shares and is willing to lend them. Skipping the locate step is illegal. They just don’t have to actually borrow them until delivery. Additionally, i…

That last part is what really confuses me... what if the seller never resolves the failure to deliver? The buyer is walking around believing they own a share that the seller never actually gave them... I understand that the types of institutions that can engage in this behavior will true up their balance eventually, but why allow it in the first place? I can understand playing fast and loose with derivatives, since they are created out of nothing anyway, but securities should be treated in a manner consistent with their name.

Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#162

Earlier quoted context omitted.

I can’t quite wrap my head around how this is possible. Are stock brokers allowed to just generate shares in their computer systems and then find a way later to actually obtain them? And when they do so, that might actually be from another broker who magicked them into existence?

Trades aren't settled immediately. Finance runs on various forms of promises, basically.

I’ve never heard a simpler statement of the fundamental Achilles’ heel of modern finance: “various forms of promises”

The system has become so intertwined that when someone breaks a promise, it’s too disruptive to actually hold them to account so we just paper over it to keep the wheels of commerce rolling.

Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#163

Earlier quoted context omitted.

Not necessarily. As long as the borrower commits to borrow the stock at a determined point in the future which the broker legitimately deems should have borrow liquidity (availability of shares to borrow), the short sale is not naked. And interestingly enough, if this transaction occurs in good faith and for unforeseen reasons there is no borrow liquidity at the agreed upon time, a fail to deliver will occur despite…

That... seems gimmicky. Like using repurchase agreements to pretend that your balance sheet looks cleaner than it actually is.

Yeah it's actually a practice closely related to naked shorting, sometimes referred to as "naked shorting but totally not."

Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#164
post #86

Earlier quoted context omitted.

Were you able to access the entire article? I can only see page 1 of 6

https://www.euromoney.com/article/b1320xkhl0443w/naked-short...

URL changed to that now (from https://web.archive.org/web/20160215135645/https://www.eurom...). Thanks!

Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#165
post #111

Earlier quoted context omitted.

Not all shares have voting power, and even so the voting power of those shares (if they were 2% of the company for example) may be proportionally tiny compared to the founders/board/execs. For example shareholders don't have any control at FB, since Mark controls 51% of the voting power.

It's fairly unusual to have companies with this sort of structure. Why would you ever buy shares in a company that doesn't pay dividends and where you can get infinitely diluted and have no control? (other than for speculative reasons)

Discounted future cash flow includes all of dividends, possible future acquisition, and greater fools buying it from you. The last one being what drives Tesla and cryptos.

Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#166
post #2

Non-archive.org version: https://www.euromoney.com/article/b1320xkhl0443w/naked-short... The "self-replenishing pool" missing image is available here: https://web.archive.org/web/20201104113520im_/https://cdn.eu...

We've changed to that URL above from https://web.archive.org/web/20160215135645/https://www.eurom.... Thanks!

Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#168
post #61

Earlier quoted context omitted.

I don't know the specific outcome of this case. However, naked short selling is now prohibited by SEC regulation SHO, except for by 'bona fide market makers'. Broker/dealers have an obligation to fix failure to deliver by their clients with specific timelines; etc. Bona fide market makers have an exception, because their business is to always be being buying and selling around market prices, and in a market with lots…

My understanding is that the following situation can lead to a short interest of over 100%. Let's imagine a hypothetical world where there exists 1 share of a particular company and it is owned by Person A. Person B then borrows the share from Person A and sells it to Person C (this is the first short). Person C now owns 1 share and Person A doesn't have a share but is contractually obligated to receive 1 share from…

This is possible, not illegal, and can be simplified even further.

It's entirely possible for me to borrow a share from you, (short) sell it back to you, and then for us to repeat that process an unlimited number of times, thereby shorting an unlimited amount of stock. This would be stupid since I'd owe you more stock than exists and you could set any price you wanted for them.

Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#169

Earlier quoted context omitted.

I borrow your car (and you even give me the title!), promise to return it to you (but not necessarily the same car, just the same make and model), and then I sell what is truly now my car to someone else. That new owner could then find someone else to lend the car to, transfer the title on a promise that they'll eventually transfer the title back, and then let the new borrower sell it, transfer the title, etc. There'…

In sports, we call these "side-bets," wherein the total value captured in the bets can be many times the purse prize of the event (fight/match, what have you). That there's a great deal of betting happening on the outcome of the stock market shouldn't surprise anyone (and yet it does!). It is, after all, the biggest game on the planet.

Except in sports, the side bets don’t inherently sway the outcome of the match (unless the players are betting too). Financial side bets do influence real asset prices.

Re: Naked shorting: The curious incident of the shares that didn't exist (2005)

#170
post #40

Summary: Every so often, someone gets very steamed about short selling, often with no real reason. Back in 2005, someone got very steamed about short selling, and then got a journalist to write a somewhat confused article about it. It's not clear anything was actually wrong then, but in any case, the rules have been changed a few times since then, so there doesn't seem to be any obvious relevance to current times. It…

I don't know what article you read, but this is a stupid ass "summary" of whatever you're trying to talk about.

That aside, there are practices surrounding short-selling that represent clear COI. That this basic observation about reality should represent an unsophisticated view of the market's "purpose" is begging the question even aside from being wrong.

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