Everything in the rule is about not using customer funds for proprietary purposes. Not co-mingling customer and brokerage funds. Meaning the brokerage can’t make their own trades with customer money.
There isn’t a single word against using customer funds to purchase customer shares.
It’s a rule against using customer funds for non-customer activities.
If anything the problem that Robinhood ran up against was net capital requirements under 15c3-1.
Yes. I don't really understand what is being argued here.
There are three stages; execution, clearing and settlement.
Execution is the formation of the legal-binding agreement, e.g. a contract to exchange money for stock. For these cases, this is happening via matching on an exchange between a buyer and a seller. If the time of the trade is T, then happens at T+0.
Clearing is the paperwork activity that takes place after execution that include the due diligence steps of making sure that trades match, as well as other stuff that can reduce the amount of settlement activity. This happens in the period from T+delta through T+2-delta.
Settlement is the actual exchange, and is the point at which legal ownership of the stock changes. This happens at T+2.
It is obviously true that the brokerage uses client money for settlement; otherwise how would the broker ever fund any trades by its clients?
Is also obviously true that prior to the moment of settlement the client money is ... the client money, and subject to segregation. In other words, from the broker perspective, it's always client money until it's off their books.
The time when the NSCC wants to see adequate collateral is exactly during the clearing period, when the actual counterparty risk exists. That collateral absolutely cannot be from client money due to the segregation rules because the whole purpose of the collateral is to reduce the risk of a broker failure causing clients to lose money.
RH's collateral requirements blew up because some substantial proportion of their clientele was attempting to go long GME during a period of vast price volatility, and the NSCC's procedure for determining those requirements takes into account primarily the size of the net long position and the volatility for each member.
Net result: RH has to go raise capital in a hurry; RH stops its clients from going any further long GME.
Everything in the rule is about not using customer funds for proprietary purposes. Not co-mingling customer and brokerage funds. Meaning the brokerage can’t make their own trades with customer money.
There isn’t a single word against using customer funds to purchase customer shares.
It’s a rule against using customer funds for non-customer activities.
If anything the problem that Robinhood ran up against was net capital requirements under 15c3-1.