Can a broker restrict you from closing positions?

Quote from bangorsky:

Oh I believe you on that, iceman1. I talked to someone named Sterling. This person did not seem to be at all familiar with options trading. Twice I requested to be forwarded to an options specialist, but they couldn't even do that.

TrendReaction, thanks for the informative post. Lotta good info in there. But I still must disagree with you on the following statement:



In my experience, the margin clerks are only after one thing: cash. Reduce everything to cash. That's the quickest & most efficient way to stave off further losses/liability due to market swings. So I still have to agree with what MTE said:



I think I'm just dealing with an inexperienced/incompetent broker who does not know how to liquidate options properly. The safest thing to do in any situation is to liquidate all marginable positions and return to cash-only. I'm sure my broker understands this but probably got confused by the all the big words.



Haha... now that sounds fun. At this point, I don't really care about how much it'll cost me. Revenge sounds sweeter.

you needed to get an answer from the margin departmen directly or indirectly.
 
quote from TrendReaction:
The margin clerks don't care what you hold or how you hold it. They're only interested in debits and credits.

quote from bangorsky:

In my experience, the margin clerks are only after one thing: cash. Reduce everything to cash.

Bang, how can you disagree with me when you took what I just said and put it into your own words? Simply change the words debits/credits with the word cash and see what you get.

The margin clerks don't care what you hold or how you hold it. They're only interested in cash and cash.

If this were a writing course I'd flunk you for plagiarism. Well, at least we're on the same page when it comes to margin clerks.

Oh by the way, tomcole what are your credentials? Securities Lawyer? CPA? NASD District 7 Director? Or is it like iceman1 says, fish?
 
Quote from TrendReaction:

Bang, how can you disagree with me when you took what I just said and put it into your own words? Simply change the words debits/credits with the word cash and see what you get.

So you mean that the margin dept does not seek to close a position which is causing a margin call (or allow the customer to do so himself)? Which regulation do you refer to which says this? It seems to me that there are only two ways to satisfy a call - provide funds or close the position causing the call.
 
Quote from TrendReaction:

If you wrote naked puts then I'm sorry bangorsky I have to disagree, the broker is 100% right.

Cover the margin call and get the restriction lifted then work on covering your position.

Now this is going to make your head spin because it's not a question of semantics but rather question of knowing the nebulous rules of brokerage accounting. This is also where it pays to know the rules. Options are a completely different animal and do not come under the same margin rules as stocks. I've posted the rules for selling naked puts below for illustrative purposes.

Naked Puts:

Initial Margin Requirements:

Greater of these 3 values:

1. Premium + (20% of the Underlying Market Value) - (OTM Value)
2. Premium + (10% of the Strike Price x Multiplier x Contracts)
3. Premium + ($250/contract)

Maintenance Margin requirements:

Greater of these 3 values:

1. Premium + (20% of the Underlying Market Value) - (OTM Value)
2. Premium + (10% of the Strike Price x Multiplier x Contracts)
3. Premium + ($250/contract)

(OTM = Out of the Money)

I'll try to make this as simple as possible. In this case writing a naked put is similar to selling stock short so you need to think in reverse here.

So like selling stock short in essence what you've done is sold someone else's calls that the broker has borrowed and CREDITED (money in) the proceeds to your account. In the meantime, you get a margin call restricting the account. NO money can be DEBITED (money out) from the account until the margin call is met. Now you've tied the brokers hands. I know buying to cover is often interpreted from a customers standpoint as selling the position, but from an accounting standpoint it is actually the opposite. You want the broker to buy those borrowed calls (your puts) and DEBIT (money out) your account.

The margin clerks don't care what you hold or how you hold it. They're only interested in debits and credits. If an account is restricted then no debits can take place in the account until the margin call is met by a credit.

Now cough up the dough and get the restriction lifted, and don't try to pay for it with a check written on your brokerage account. (oh, I've seen those checks)

My advice to you is to work with a broker who is a registered options principal. For your own protection it should be the first question you ask of any broker with whom you plan to transact options.

If you need more help start here:
http://www.nasd.com/web/idcplg?IdcService=SS_GET_PAGE&ssDocName=NASDW_005973

It's your prerogative to threaten arbitration but i'll tell you right now this would be a tough one to win.

Trendreaction

Series 7, 55, 63, 65
Series 24 General Principal
Series 4 Option Principal
Trading Floor Operations Manager
NASD Arbitrator

TrendReaction,

Although I do not have your credentials, it doesn't make any sense why would a broke prevent you from closing out the position.

Now, the part where you lose me is where you say that by selling naked puts you're borrowing some else's calls and selling them!?:confused:

Why in the world would you borrow the calls to sell the puts? As the other poster noted, options are derivatives, and as other derivative contracts you do not borrow anything from anyone, when a buyer and a seller agree on a price then a new contract is created (obviously, you can have a party closing a position and a party opening a position, but that's beside the point). There's no need to borrow anything. When you sell (write) a put you assume an obligation to buy the stock at the strike, and for this you receive a payment (premium).

So, once again, what the heck borrowed calls have to do with anything here!? Besides, you can't borrow options!? Why would you, when you can just write a new contract!? Derivatives are not restricted by the limited availability, you can have as many new contracts as you want, obviously within exchange's position limits.
 
I don¢t know what regulations apply to the US derivatives markets as I don¢t trade there but this rule of not been allowed to close your position is not making sense.
 
Quote from MTE:

TrendReaction,

Although I do not have your credentials, it doesn't make any sense why would a broke prevent you from closing out the position.

Now, the part where you lose me is where you say that by selling naked puts you're borrowing some else's calls and selling them!?:confused:

Why in the world would you borrow the calls to sell the puts? As the other poster noted, options are derivatives, and as other derivative contracts you do not borrow anything from anyone, when a buyer and a seller agree on a price then a new contract is created (obviously, you can have a party closing a position and a party opening a position, but that's beside the point). There's no need to borrow anything. When you sell (write) a put you assume an obligation to buy the stock at the strike, and for this you receive a payment (premium).

So, once again, what the heck borrowed calls have to do with anything here!? Besides, you can't borrow options!? Why would you, when you can just write a new contract!? Derivatives are not restricted by the limited availability, you can have as many new contracts as you want, obviously within exchange's position limits.


thank you!!

and we dont need fancy names and letters after our name to have a basic grasp of this.

we still have had no answer.
 
Haha, this thread makes perfect sense to me... as long as I ignore all of TrendReaction's posts!

TR, I'm just ribbin ya ;) I think you're just too focused on the words credit & debit (which indicate an action), while all that matters is cash (which indicates a position). And yeah, you totally lost me on the "borrowing calls to sell puts" thing.

***update on the situation***

As of yesterday, the margin call is still in effect, but now my broker is allowing me to place BUY TO CLOSE orders. Looks like someone finally read their Options Handbook.

The situation is still far from resolved, though. I still want to be compensated for 3 days of losses, amounting ~$1000. tomcole, following your advice, I looked in to filing complaints, and I found this useful website resource in case any of you ever need it:
http://www.investingonline.org/aio/complaintcenter.html

I predict this is going to get brutal.
 
I wouldnt go reading all securities industry crap. Your broker was negligent adn his actions cost you to lose $1000. When you can show negligence, you win!

Sue them for your losses and ask for punitive damages.
 
I don't think it'll get brutal at all. Their position is ridiculous, as I'm sure their counsel has or will explain to them as soon as they realize you're serious about being compensated.
 
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