Wednesday, June 12, 2024 5:36:12 PM
An investor enters into a short sale when they believe that the value of a security will decrease. They decide to sell the shares, however, they don't have any shares to sell so must borrow them from a broker and return them at some point. Because they never own the shares they are never the holder of record and will not have voting rights.
Even the margin account customer who holds the shares long will lose their voting rights in this situation; this is part of the margin account agreement.
The shares are then sold in the market, and the investor who purchases these shares becomes the holder of record for these shares, thus controlling the voting rights. The investor going short does not get voting rights.
So if the loaned-out shares are not returned to the original owner by the record date, they do not get voting rights, only the investor that bought the shares when they were loaned out from an investor's margin account for the short sale does. Again, this is part of the margin account agreement.
It is very complicated... but the short sale borrower does not get to vote... I thought the account that loaned the shares could vote I was clearly wrong... the account holder needs the short seller to return the shares first... And of course the naked shorts never get to vote as there is no recorded share holder.... these are now FTD's?? even to the MM's??? with no registration
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