The right thing to do would be to require a reasonable margin at all times. No exceptions, no day session, no night session. Robert, you are perfectly aware and know that this whole concept of day and night session is totally out-dated and does not reflect reality anymore, don't you? In fact, most international index futures contracts on almost every exchange are traded well beyond the local day session, only. Whether CME, Osaka/Tokyo, Hong Kong, Korea, Singapore, Australia,...hence making a difference between a day session and night session makes zero sense and should be abolished. Again, this is only something the US exchanges hold onto. But hey, let's assume they keep it unchanged.
Keep in mind, the past has shown that flash crashes or global event risk does not care whatsoever whether the US is currently in an exchange day session or not, meaning, you as trader and you as FCM are exposed to such event risk at any time, day and night. Hence, it makes zero sense to charge different margin as function of day or night session.
500 dollars for 1 ES contract is way too low, no matter how you argue. I say that because a 100 point move in ES, something we did in fact witness several times before would hit you with around 5000 USD. During the flash crash SPX sold off 7% within 15 minutes with hardly a single bid in the market. That would today translate into a 160 point loss without even the slightest chance to get out of the position. In light of that you still believe a 500 dollar margin is sufficient?
You alluded to the point where you ask how an FCM is to attract customers. Well, you do know I am highly critical of the benefit of FCMs. I do not see after all where you guys add much value at all in this whole equation. You basically suggest your value added right now is to provide artificially low margin, exposing clients and even your risk prudent customers to elevated risk. But my FCM criticism aside, at least you can be honest in that you are very clearly fishing for undercapitalized traders, and yes charging 5000 dollars for 1 ES contract will not be very competitive in that specific regards. (But it will be the prudent thing to do in order to withstand the next Black Swan).
Summary: You perfectly proved my point with your previous post. I know you cannot say it, but in fact you said it: FCMs provide very little benefit or value added, beyond providing undercapitalized traders with low upfront payment to swing larger positions. The reaper is waiting around the corner, the next flash crash will again take with it a number players who engaged in this game. It is simply not healthy nor prudent in a well functioning financial industry to have such players around. Unfortunately those who regulate are either clueless, have their interests aligned with brokers/FCMs/IBanks, are completely behind the curve, or a combination thereof.
If you were the risk manager of an FCM, what would you offer an account with $50,000 in cash that goes out flat each EOD, and only day-trades, where the CME requires $5,225/contract only if the client holds that contracts into the next session? What is the right thing to do according to you Zzzz1?
Keep in mind that you have to run a business where clients want to do business with you, or your business shuts down. For DT, you have no capital that needs to be put to margin by your FCM. This is the most sort after type of account because they do out flat have have no cap hit. How would you attract this business?
(I'll give you a hint. The smaller FCMs can't finance large overnight positions as they have to put up 8% of your margin with their funds. They can't attract large accounts because they want bigger balance sheet. DT is the low hanging fruit that pays the bills)