Seems from what I have read, a CUSIP change could force the cover of NSS positons if the change is done in conjunction with a name change. It is my understanding that the mechanics of the CUSIP change (with name change) would effectively prevent trading shares of the old CUSIP # and would create an entirely new set of shares through the DTC. By doing this, the DTC is forced to account for ALL of the old shares exchanged for the new shares. Without the name change, the old shares would simply be renamed. With the name change, they are physically exchanged which will isolate phantom shares and force covering.
At this point, I believe the broker who sold the Phantom Shares would be responsible for making good on the transaction. Perhaps the broker would force a squeeze in the NEW CUSIP shares in order to cover. The price again would spike as the broker(s) who were guilty of selling counterfeits made good through the new market.
Here is a conversation that occurred with the CUSIP Service Bureau:
...The CUSIP Service Bureau rep stated that a CUSIP # change "usually" comes with a name change, but not always. He stated that a name change will "always" come with a CUSIP # change though. He told me that the "name change" and the "CUSIP # change" starts with the company's Transfer Agent (TA) coordinating electronically with the CUSIP Service Bureau by linking the company's name and address. Then the CUSIP Service Bureau Coordinates with the Depository Trust Company (DTC).
The DTC will serve as the overseer to coordinate with the regulatory authorities and/or agencies whomever as deemed necessary. Sometimes the TA will coordinate with the DTC too for certain confirmations or transactions as deemed necessary. The DTC makes sure there is proper share accountability for proper dissemination into our brokerage accounts. This is all done electronically.
After the company/TA receives their new CUSIP # from the CUSIP Service Bureau, the company/TA (& legal team) then coordinates with the NASDAQ and SEC for the already coordinated amount of shares as the new inventory. The company/TA will then coordinate with the DTC to confirm the amount of shares and other key info.
After accountability is confirmed by the DTC, the DTC then authorizes the brokerage companies to change all old CUSIP numbers to the new CUSIP numbers electronically within our brokerage accounts. A CUSIP# change is not enough from what most believe throughout the investing/trading community to force a covering of a naked shorted position in my opinion...
The CUSIP Service Bureau further explained it as when stock 1234 changes its name and CUSP# to stock 5678, the shares of stock 5678 are given to them electronically by the TA to replace stock 1234. This is the key transaction. If only a CUSIP # change transpires then a lesser type of accountability takes place. The name change matching the address of the company is what actually forces an exchange of the "old inventory" of shares to the "new inventory" of shares. Without the name change, there is NOT a "movement of shares" from the TA that takes place.
Only one phase of the accountability process is required to take place to verify accountability when only a CUSIP # change transpires because of the lack of not having a creation of the "new inventory" of shares by the company/TA. Therefore no movement of shares takes place. This is a simple misunderstanding by many companies, but if not considered, it could be the difference for any type of forced covering of any naked shorted positions.
If there is NO DILUTION, a covering of the naked shorted positions should take place due to what's revealed during the accountability process between the DTC after getting the "new inventory" of shares from the CUSIP Service Bureau if there is not only a CUSIP# change, but a name change too.
Because of the CUSIP # change, the MMs will be required to account for each of the old shares with the new shares. Because of the name change, it's important because it forces the DTC to play a more finite role by not only accounting for the old shares to equal the new shares electronically, but forces them to match a "new inventory" of shares that have been given to them from the CUSIP Service Bureau as the new official/approved inventory by way of the shares given from the company/TA.
$DCGD #BULLISH
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