InteractiveBrokers "hyper-hypothecates" $14.5b of Customer Funds?

Quote from Jreality:

FWIW, I've had an IB account since sometime in 2010. I never dip into my margin, and haven't done so the whole time I've had the account. My cash balance was always positive in the statement of funds, and I never borrowed any stock. However, I have received payments in lieu of dividends from time to time (happened 7 times this year) although the payments are small (< $5) due to small position sizes. When I pointed out that I always had free cash and that I didn't borrow stock, this was the response I got:

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Please be advised that IB would not loan your stock if the account does not have a margin loan. With that being said, the segregation is performed on a net basis. As such, it is possible to have a technical segregation deficiency due to matters outside the broker's control, such as fail to deliver or an increase in segregation requirement for accounts that were previously borrowing funds. When these types of situations occur and shares cannot be secured, a Payment in Lieu will take place.
_________________________________________________

I like IB, and they seem like a good brokerage, but I'm wondering if this particular issue is any reason to be concerned?
I would be very concernd, from the responses here, it looked that if you never margin then you should be safe, its not the case. Is there any firm that would allow stock registery on clients name, if there is one they have my business.
 
The point here is that we all suddenly realize that we have counterparty exposure we didn't know we had.

It's NOT a question of how trustworthy and responsible those counterparties are. It's that we didn't know we had ANY counterparty exposure and it turns out we do.

If I open a brokerage account and buy shares of Home Depot, the only counterparty I thought I had exposure to was Home Depot.

I thought if my broker went bankruped then my SEGRIGATED funds would be transfered to another brokerage. PERIOD.

Now, if my broker is allowed to use the assets in my account as collateral for a loan from a third party, (say Bank of America) suddenly I have counterparty exposure to my (1) broker, (2) Bank of America, and (3) Home Deopot.

Now, if my broker takes the funds they got by using my assets as collateral and invests them in some money market account, I also have counterparty exposure to that money market account.

It's not about how little or how much is rehypothecated. It's not about how safe or risky the counterpartys are. It's about the fact that the counterparty picture is totaly different than what nearly everyone thought.

Picture A Counter Party Exposure:
(1) Exposure only to what I invest in
(i.e. exposure only to what I choose to have exposure to)


Picture A Counter Party Exposure:
(1) Exposrue to what I invest in
(2) Exposure to my brokerage (even if they aren't breaking any law)
(3) Exposure to whatever firm my broker sent my assets to as collateral.
(4) Exposure to what ever my broker invests the funds recieved from using my assets as collateral in.

Totaly different picture.

What I don't get is why they NEED to rehypothecate. From IB-AN:

"For example, a customer who incurs a margin debit by virtue of the fact that they have purchased securities with only partly their own money, thereby relying upon the broker to lend them the funds to pay the balance at settlement, subjects a portion (up to 140% of the amount borrowed, also referred to as the margin debit) of those securities to a lien on behalf of the broker. The lien is also known as hypothecation. The broker, in turn, may pledge or re-hypothecate the securities upon which they have a lien to replace the cash."

Replace? REPLACE? Are you kidding me? When someone lends money, it doesn't get replaced. The lender LOOSES the use of it. Thats WHY they charge INTEREST. For the use of the money.

What it looks like to me is a loophole where they can lend the money, charge interest and by subjecting the borrower to risk "replace" the money, presumably so it can be lent out again to get even more interest.

Ya, they may be giving our assets as collateral to a "safe" third party and investing the "replaced" funds in a "safe" investment. But why?

If it's because the broker doesn't have enough of it's own money and can't borrow on it's own enough money to do the amount of margin lending it wants to, shouldn't that tell you something right there?

In what other kind of loan (credit card, auto, home?) can the lender charge interest and at the same time "replace" the money they lent by taking 140% of that ammount of the borrowers assets, and use them as collateral to get even more money back, which they can also persumably lend out and charge even more interest on?

And for those saying a home gets rehypothecated when the mortgage is transfered to a different lender. That's not even close.

If rehypothecation worked the way one lender selling a mortgage to another lender works then, rehypothecation would effectively mean my broker would transfer my entire account to another brokerage.

Instead the way it seems to work, is more as if a contractor put a lein on my house while they were doing some work on it and then, on that basis gave an ammount of MY house's equity equal to 140% the vale of that lein to a bank in return for some funds.
 
Quote from Nick29:

Out of Dorman, Interactive, MF Global, MFG's re hypothecation provision looks way more sinister:

MFG: 7. Consent To Loan Or PledgeYou hereby grant us the right, in accordance with Applicable Law, to borrow, pledge, repledge, transfer, hypothecate, rehypothecate,loan, or invest any of the Collateral, including, without limitation, utilizing the Collateral to purchase or sell securities pursuant to repurchase agreements [repos] or reverse repurchase agreements with any party, in each case without notice to you, "and we shall have no obligation to retain a like amount of similar Collateral in our possession and control."

IB: Interactive or its Affiliates may deposit collateral, securities and/or other Customer property with third parties and may pledge, re-pledge, hypothecate or re-hypothecate Customer collateral, securities and/or other Customer property, either separately or together with other securities and/or other property of other Customers of Interactive for any amount due to Interactive in any Interactive Fully-Disclosed Account in which Customer has an interest

Dorman: Subject to such segregation requirements, Customer hereby
grants to Dorman the right to pledge, repledge,
hypothecate, rehypothecate, or invest, either
separately or with the property of other customers,
any securities or other property held by Dorman for
the accounts of Customer or as collateral therefore,
including without limitation to any exchange or
clearing house through which trades of Customer are
executed. Dorman shall be under no obligation to
pay to Customer or account for any interest, income
or benefit derived from such property and funds or
to deliver the same securities or other property
deposited with or received by Dorman for the
account of Customer. Dorman may deliver securities
or other property of like or equivalent kind or
amount

Look at the MFG clause very different to IB's

As far as I can tell IB is just referring to the ability to pass the collateral on. Not you use it as leverage pretty clear from MFG that they will use it to leverage themselves.
 
Quote from Soph:

I have a question on this matter before IB currently. The outcome, fortunately, provides two very simple paths. 1) I'm provided all the evidence needed to determine that they ar ein fact risk-averse and not re-hypothecating or hyper-hypothecating via their affiliates (admittedly very unlikely), or 2) I simply close my accounts while I search for a more appropriate, risk averse broker.

Good luck with #2.
 
Quote from Soph:

However one would want to see such a statement directly from a customer service/account service representative via their official communication channels. Although that post is certainly positive in nature for customers, the message does need to come from a confirmed and verifiable IB communications channel.

In the alternative, a statement from IB to their customers via one of their standard communication conduits (email, website, etc) would also suffice.

But a post to a forum thread by an unverified source probably should not suffice for most concerned about IB's position on this matter.

You should probably pull your money now because no matter what IB's response, apparently it won't be good enough for you.
 
Quote from IB-AN:

While we are not sure of the author’s source for this number, we would refer interested parties to footnote 10 (“Collateral”) on page 17 of our June 30, 2011 financial statement, which is posted on the IB website (http://www.interactivebrokers.com/download/IBLLC_2Q2011_Unaud_Finls.pdf) and reads as follows:

“At June 30, 2011, the fair value of securities received as collateral, where the Company is permitted to sell or repledge the securities was $16,817,859,287, consisting of $13,022,386,422 from customers, $2,886,934,605 from securities purchased under agreements to resell and $908,538,260 from securities borrowed. The fair value of these securities that had been sold or repledged was $4,526,153,369, consisting of $2,583,920,633 deposited in a separate bank account for the exclusive benefit of customers in accordance with SEC Rule 15c3-3, $761,740,278 securities loaned, $877,478,486 securities borrowed that had been pledged to cover customer short sales and $303,013,972 securities that had been pledged as collateral with clearing organizations.”

Where can customers easily check on the amount of cash held in the Reserve Bank Account?

This figure falls under the weekly (Friday) calculation broker-dealers are required to perform.

The Reserve Bank Account at MF is what came up short.

To IB-An, does IB post the Reserve Bank Account balance just twice a year or is the amount disclosed somewhere else more frequently?
 
Thanks for everyone's contributions on this thread. Reading with keen interest. Always like to learn and looking at ways to mitigate some of the risks posed here.

Most of the references to being able to rehypothecate funds indicate that you need to carry a margin loan through futures or shorting equities.

What's the implication for option writers who always maintain a positive cash balance, but carry contract obligations?
 
Here's a question...

Where do broker-dealers get the leverage to lend to customers?

If a customer can post 1/20th to buy a full contract, why doesn't the Broker post 1/20th to buy the full contract to leverage it's own account? Why the need to rehypothecate customer funds 3 or 4 times to build their own portfolio?

I recognize there's a reason since the later is how it's done, but curious?
 
Quote from dont:

Look at the MFG clause very different to IB's

As far as I can tell IB is just referring to the ability to pass the collateral on. Not you use it as leverage pretty clear from MFG that they will use it to leverage themselves.

Note I said MFG's looks way more sinister.
 
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