To: Jeffrey S. Mitchell who wrote (19704 ) 2/19/1999 12:42:00 PM From: Janice Shell Respond to of 26163
Here's another repost. I put it up a couple of days ago and was rather disappointed that no one commented on it. I think it sheds some rather interesting light on the business of the 480,000 shares borrowed by Andy Mann from Gary Sylver and Titan Investments: Sec. 220.103 Borrowing of securities. (a) The Board of Governors has been asked for a ruling as to whether Sec. 220.6(h), which deals with borrowing and lending of securities, applies to a borrower of securities if the lender is a private individual, as contrasted with a member of a national securities exchange or a broker or dealer. (b) Section 220.6(h) does not require that the lender of the securities in such a case be a member of a national securities exchange or a broker or dealer. Therefore, a borrowing of securities may be able to qualify under the provision even though the lender is a private individual, and this is true whether the security is registered on a national securities exchange or is unregistered. In borrowing securities from a private individual under Sec. 220.6(h), however, it becomes especially important to bear in mind two limitations that are contained in the section. (c) The first limitation is that the section applies only if the broker borrows the securities for the purpose specified in the provision, that is, ''for the purpose of making delivery of such securities in the case of short sales, failure to receive securities he is required to deliver, or other similar cases''. The present language of the provision does not require that the delivery for which the securities are borrowed must be on a transaction which the borrower has himself made, either as agent or as principal; he may borrow under the provision in order to relend to someone else for the latter person to make such a delivery. However, the borrowing must be related to an actual delivery of the type specified--a delivery in connection with a specific transaction that has already occurred or is in immediate prospect. The provision does not authorize a broker to borrow securities (or make the related deposit) merely in order that he or some other broker may have the securities ''on hand'' or may anticipate some need that may or may not arise in the future. strategicbanker.com