Staff Statement on Fully Paid Lending Division of Trading and Markets Staff
April 16, 2021
[1] On October 22, 2020, Commission staff issued a no-action letter regarding the broker-dealer customer protection rule, Exchange Act Rule 15c3-3, in relation to certain fully-paid lending programs operated by some broker-dealers.[2] Rule 15c3-3(b)(3) requires broker-dealers entering into agreements with their customers who lend the broker-dealers fully-paid or excess margin securities to provide the securities lenders with collateral that fully secures the loans.[3] Staff’s letter stated that the staff would not recommend enforcement action to the Commission regarding these programs for six months from issuance of the letter, or until April 22, 2021, to give firms time to come into compliance with the Rule.[4] https://www.sec.gov/news/public-statement/staff-fully-paid-lending
Exactly what would you expect that to do? If your shares are for sale, at any price, they are available to MM's to borrow. They don't BUY them, they BORROW them, then replace them later. You never find out. If you don't want MM's to borrow your shares, don't put them up for sale.
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