I suppose if a broker had a client that had elected to receive cash out, they would be in financial a position to take cash out payment from short in lieu of returning the stock.
yes
It get's trickier if a client has not yet decided or indicated whether they will take cash or private share for their common share. The broker would need to be in a position to supply whatever the client elected or an actual common share.
below is a general description of what goes on when a corp action takes place;
again, forget tesla and the private share option for a moment.
the broker is in that position that you suggested above (to supply the longs election)
their customers fully paid long shares are segged, unless enrolled in lending program. for these, id expect those customers would recall their shares. even if they don’t, they can still elect to exchange for whatever the offer terms are. same with their customers long margin shares. both are entitled to the offer terms.
say a broker is net 100 long shares;
50 fully paid and in lending program
100 margin
50 shares short customers.
- and all longs want to exchange in offer
let’s say 75 of the shares were lent out to counter parties. (50 from the fully paid guy and 25 from margin shares - which are free excess position at dtcc that broker has carte blanche with because they supplied the margin)
the leaves only 25 at dtcc
the other 50 long are offset against ahort internally
for the long elections, the broker can only elect 25 at dtcc.
to pay the remaining 75 long customers they will swap corp actions charges with collateral on the stock loan contracts, and colllect the rest from the internal short clients
So this exposes the broker to credit risk. I don't think a broker wants to find themselves in the position of being short on private Tesla shares, which is what they risk if they accept cash in lieu of an actual common share.
i don’t know where the credit risk is? it’s not from having shares loaned out when a corp action is going, as i explained above.
now, the real problem in the specific case of tesla is the private shares.
because of this option, i believe there has to be a way to structure the offer to force shorts out, because they obviously can’t be short private shares.
@Fact Checking for dell, what was it? if you didn’t participate you were just cashed out, and did not receive private shares??? i don’t remember that, specially but it seems the most simple explanation.
is it possible that tesla will book cash for all o/s on their books (i’ve said this before but wasn’t clear in my explanation)
...but for those electing private shares, the $420 is used to execute an exchange booking into the private shares?
meaning if you elected private shares you’d never actually see the cash. it’s just a bookkeeping thing. i’d like opinions on that
@MP3Mike you disagreed a couple times to what i was blabbering about earlier. i tried to explain my thoughts more clearly today that i wasn’t wrapped up in work. also
@jhm @neroden @Fact Checking is that a possible outcome? i know you guys had some points about a street wide recall..
i’ve never actually seen that enforced for a corp action event (although you could easily argue that shorts would be wise to split). in a normal event when there’s new publicly traded shares the shorts sometimes just stay put and hedge around it, ending short the new stock (obv can’t do that here)
what i should really do is ask my friend to research dell and see if there were short positions still open when that privatization went effective. this might help explain.
also, side note, to clarify a comment i made yesterday in heat of moment, i don’t actually hope all shorts burn in hell apologies to the sensible ones and traders. it’s the lying, manipulating ones who are detrimental to society that have a special place in hell waiting. apologies again
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