What I am trying to understand is: how is this rule going to be implemented and enforced? It seems to me such rule was already in application, the SEC just changed the definition of a daytrader and modified the equity re-quirements for daytrading account. Someone suggested you may be able to daytrade in a cash account. As far as I know there is a NYSE rule that says you can't daytrade in a cash account. I swingtrade in a small account but I tend to close positions at the end of the day if I don't have some kind of cushion for the next day or the trend is extended. Also I have very tight stops (1/2-1 point max.)so if the trade doesn't pan out I am often stopped out before the next session. I will thus be considered as a pattern daytrader. Now I think it is possible this rule is not going to change much afterall for swingtraders. Here is what your broker may do NOW when you have a day trading margin call:
A "day trade" is when you open a new position and then close it during
the same trading day. But merely executing a day trade does not
necessarily create a call. Day trading margin rules are applied only
to accounts that exhibit a pattern of day trading, which is defined as
making three day trades within any 12-month period.
Once an account has been identified as a day trading account, a day
trading call is created if the opening transaction of any subsequent
day trade exceeds the account's day trading buying power.
A day trading margin call must be met with a deposit of funds, or of
securities. A day trading call is due within five days. Liquidating securities will not satisfy a day trading call.
When you do not satisfy a day trading margin call with a deposit to
your account within five days, your account will be charged with a
"strike", indicating that you did not meet the call. If you
accumulate three strikes within a 12-month period your margin trading
privileges will be suspended for 90 days.
If your margin trading privileges are suspended you will either be
restricted to trading with only the cash balance in your account, or,
if your account has a debit balance, restricted to closing
transactions only.
So it is my understanding that if you are a swingtrader who happens to make more than 3 daytrades in a 5 day period, you would have a margin call. If not met, that would be 1 strike.You do that 3 times and you will be restricted to your cash and you can still do what you want with your cash.
I hope I am right. As far as I am concerned I rarely use margin because I rarely open several positions at the same time and if I do I reduce size. I also believe some days it 's better not to trade at all and in a week there is only a few opportunities with low risk entry point. But that's just the way I (try to) trade.