Yoda, def
I will reveal how brokers like Schwab (through Cybertrader) and Datek can justify and offer daytrading in cash accounts.
Some main points:
Regulation T allows "daytrading" in a cash account with T+3 settlement. Cybertrader (Schwab owned), Datek and other brokers offer it.
With T+3 settlement you do not receive or pay to the clearing house funds until settlement day.
No NYSE rule prohibits "daytrading" in a cash account.
Reg. T and T+3 settlement allows realtime account updates, although the actual transaction settlement is done T+3.
According to Reg.T "A creditor may purchase a security for a customer in a cash account if either one of two conditions is met. Under section 220.8(a)(1)(i), a creditor may purchase a security for a customer if "there are sufficient funds in the account." Under section 220.8(a)(1)(ii), a creditor may purchase a security for a customer if "the creditor accepts in good faith the customer's agreement that the customer will promptly make full cash payment for the securityâ¦."
Now, the main question:
Which regulation allows "daytrading" in a cash account? Federal Reserve Regulation T section 220.8(a)(ii).
Here's how it works. I'll show how regulation T allows one to execute multiple "daytrades" in a cash account with good standing the same day .
Case 1: The cash account is in good standing.
Then, either
a) The customer has all the cash to purchase the security.
Then, this purchase is allowed under section 220.8(a)(1)(i).
or
b) The trader doesn't have all the cash to purchase the security, because he/she has already bought securities with his/her cash.
In this case, the customer sells the fully paid securities and wants to purchase a security of equal value the same day. This purchase is permissible, because "If a customer were to sell a fully paid security on the same day that he or she purchased a different security of equal value, the transaction would be permissible under section 220.8(a)(1)(ii), because full cash payment for the new security would be received "promptly" (in this case, by settlement date)."
Note that with T+3 settlement (which includes T+0, T+1 and T+2) the actual exchange of securities and cash(transaction) is done at settlement, not usually the same day the trade is made.
Consider a daytrader that makes several "daytrades", namely daytrade1, daytrade2 etc...
Since trades settle chronologically, daytrade1 settles before daytrade2 settles . (Both settle T+3).
Therefore the daytrade2 purchase is allowed under sec. 220.8(a)(1)(ii), because the actual purchase will be made at settlement date, at which time daytrade1 will have been settled, and hence the cash proceeds of daytrade1 will be available and applied for daytrade2 purchase!
Hence, no broker credit is needed at the transaction date, the cash for the purchase is required by settlement, but by that time the previous daytrade will have been settled and its cash proceeds will be availabe. Therefore no broker credit to complete the transaction is required.
Similarly, daytrade(n) settles before daytrade(n+1), and the daytrade(n+1) purchase is allowed under sec. 220.8(a)(ii), because at daytrade(n+1) settlement time, daytrade(n) will have been settled T+3 and the cash proceeds will be available to be applied towards daytrade(n+1) purchase.
Therefore, by Reg.T and the principle of mathematical induction, we have proved that one can make unlimited "daytrades" in a cash account in good standing.
Case2. The cash account is in bad standing (under 90 day freeze), which is defined and governed by Reg.T sec. 220.8(c).
This might happen only when security is sold or delivered to another broker or dealer without having been previously paid for in full by the customer with a cash account.(This is the definition of free-riding). Since IB TWS does not allow a cash account to purchase stocks for more than the available cash + sale proceeds , this can not happen with IB cash accounts. i.e. IB TWS already prevents cash accounts from falling in bad standing.
To sum up, Reg.T. allows unlimited "daytrades" in T+3 settled cash account in good standing.
There's nothing that stops IB or any other broker from offering ''daytrading" in a cash account (except their own incorrect or restrictive rules interpretation).
Fohat
P.S. I don't have cash account. This post is dedicated to all guys that have cash accounts or will be affected by the new margin rules.