In the case where a client is given the okay to sell prior to the brokerage receiving "clean certs," it appears (depending on the brokerage) that the client may be forced to buy back shares if the stock is later determined to be non-transferable.
I assume this could be "invoked" at such times as this where the stock shows up on Reg SHO for successive/excessive FTDs.
I further assume-- if invoked -- this phenomena would present similar trading characteristics as a short squeeze (if the amount of shares were large enough to create a demand pressure).
"5. Client sells shares. At the time of sale, certs are still at/or between the TA and the broker (some cases broker sends certs to TA before a sale, sometimes after a sale). 6. At this point the sale is reported as a FTD. " (I realize that those are not your words, but I'm hoping that you can provide a yes/no to my questions.)
I'm not afraid to show my ignorance on this issue.......especially since I think I have plenty of company:
I know that the threshold list is based on aggregate fails to deliver and I understand that the daily determination is based on the net addition(or subtraction) of fails for that day combined with the previous days aggregate.....for example, today's number would be based on yesterdays number plus today's fails minus the shares that were in yesterdays number that were delivered today. Assuming that I have that right, here's my question: Does the 18,258 number of shares reported as "short volume" on 6/28 represent "today's fails" for the purpose of the threshold calculation?