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Tesla Update:
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EXCLUSIVE: SFTR readiness survey results | Stanbic IBTC discusses securities lending across Africa
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News Round-Up
OCC sees August slide in securities lending activity Kanungo added that one of the most
important prerequisites of a liquid and robust
Equity derivatives clearing organisation lending activity was down 2.56 percent, market is wide participation by agents with
Options Clearing Corporation (OCC) saw representing 899,943 new loan transactions, large volumes of merchandise.
its securities lending central counterparty from the same period in 2018.
activity fall by 5.53 percent in new loans In this respect, he noted that banks constitute
last month, compared to August 2018. The average daily loan value at OCC in the single largest set of entities, followed
August was $76.8 billion a decrease of by insurance companies and pension funds,
OCC reported that its year-to-date securities 4.4 percent compared to August 2018. along with alternative investment funds.
Contact:
Dan.Copin@caceis.com
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News Round-Up
Currently, he explained, these institutions and pension funds and mutual funds have tZERO: Byrne departure won’t stop
are sitting on large balance sheets of high- significant holdings of government securities product launch
quality assets, such as government bonds, that could be lent to short sellers.”
that are not able to be active in the market. The CEO of blockchain trading venue tZERO has
As a result, RBI is seeking to enhance the “This would avoid the short-squeeze assured investors that the sudden, high-profile
overall liquidity in the government securities incident we saw a couple of years back, loss of Patrick Byrne as CEO of tZERO’s parent
market in terms of availability of two-way apart from generating income for these company, Overstock.com, will not derail upcoming
quotes in less liquid maturities through entities. We are working with regulators to updates to its securities lending services.
targeted market-making schemes. develop a securities lending product that
could enable these entities to participate in Saum Noursalehi, who became CEO of
It is also taking steps towards the securities lending.” tZERO in May 2018 after 14 years rising
“activation of a securities lending and through the ranks of Overstock.com,
borrowing programme and interoperability For India, government securities constitute published a letter to investors addressing
of depositories for a smooth transfer of the largest segment of its fixed income recent events and clarifying the firm’s
ownership in securities”. market, standing at roughly INR 58 trillion roadmap for the coming months.
($806.7 trillion), with treasury bills accounting
Kanungo also used his speech to call on India’s for another INR 6 trillion (US$83.4 trillion), “While we are sad to see him go, I can assure
market regulators to assist in developing the according to Kanungo. you that Patrick’s departure will have no
country’s interest rate markets. impact on tZERO’s day-to-day operations or the
Meanwhile, the country’s corporate debt execution of our roadmap,” the letter reads.
“For instance, short selling activity could market has grown from INR 14.43 trillion
benefit if a wider pool of securities lenders (US$200.7 billion) to INR 30.63 trillion (US$ Byrne resigned in August, citing his on-going
can be developed,” he added. “Insurance 344.7 billion) from June 2014 and June 2019. involvement in an investigation into potential
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News Round-Up
Russian espionage in the US by the Federal Elsewhere in the letter, Noursalehi highlighted efficiency and reduce failures to deliver for
Bureau of Investigation as making his role plans to enhance and build out tZERO’s global securities.
leading the online retailer untenable. securities lending solution as one of the firm’s
key priorities for the rest of the year. OCC settles with US regulators on
Elsewhere, Byrne has also been an outspoken risk management failures
critic of the securities lending and short selling tZERO plans to launch the next iteration of
markets, which he has accused of being too its digital locate receipt (DLR) product next Options Clearing Corporation (OCC) has
opaque to be managed effectively. month, which aims to provide clear and agreed to a $20 million fine and a major
accurate insights into pricing and inventory reshuffle of senior staff and risk management
In 2017, while speaking at the Money20/20 orders to reduce transaction costs. functions to respond to charges of failing to
financial technology conference in Las Vegas, manage certain market risks.
Byrne further argued that the settlement crisis In August, tZERO completed the market data feed
of September 2008 was caused by “mischief portion of DLR 2.0, which aggregates the supply of The US Securities and Exchange Commission
on the securities lending desk”. hard-to-borrow inventory from multiple sources. (SEC) and the Commodity Futures Trading
Commission (CFTC) has this week found the
He has also clashed with those seeking to According to Noursalehi, the next phase, due Chicago-based equity derivatives clearing
short sell shares of Overstock.com who he in October, is to integrate this technology into organisation to have “failed to establish and
believes wish to see his blockchain alternative tZERO’s order management system, which enforce policies and procedures involving financial
trading venue fail. should allow short sellers to introduce bids risk management, operational requirements, and
and receive locates on hard-to-borrow stocks. information-systems security”.
Byrne was succeeded by Jonathan Johnson,
who stepped in as interim CEO, while also In a statement on the update, tZERO said The SEC’s investigation also found
continuing as chairman of tZERO’s board. that these two developments will increase that OCC changed policies on core risk
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DIRECTED TO PROFESSIONAL CLIENTS ONLY. NOT INTENDED FOR RETAIL CLIENTS. FOR ASIA-PACIFIC MARKETS, THIS MATERIAL IS DIRECTED TO
INSTITUTIONAL INVESTORS, EXPERT INVESTORS AND PROFESSIONAL INVESTORS ONLY AND SHOULD NOT BE RELIED UPON BY RETAIL INVESTORS.
© 2016 Northern Trust Corporation, 50 South La Salle Street, Chicago, Illinois 60603 U.S.A. Incorporated with limited liability in the United States. Products and services provided by subsidiaries of Northern Trust Corporation may
vary in different markets and are offered in accordance with local regulation. For legal and regulatory information about individual market offices, visit northerntrust.com/disclosures. Issued by Northern Trust Global Services Limited.
management issues without obtaining the $15 million under the SEC’s order and $5 As part of comprehensive efforts to correct
required approvals. million under the CFTC’s order and hire an the short-falls, OCC executive chairman Craig
independent compliance auditor to assess its Donohue has also reshuffled many of OCC’s
As the US’s only registered clearing agency remediation of the violations and subsequent senior executives, including handing over the
for exchange-listed options contracts compliance efforts. reins of CEO to John Davidson, while retaining
on equities, OCC was designated as a his other role as chair.
systemically important financial market utility The SEC confirmed that this week’s enforcement
in 2012, thereby making it subject to enhanced action is the first charging violations of its Davidson, who joined OCC in 2017 as president
regulation and transparency rules related to clearing agency standards adopted in 2012 and and chief operating officer (COO), was approved
risk management. in 2016, and the CFTC’s first charging violations for the top job by the SEC in February.
of core principles applicable to a derivatives
CFTC chairman Heath Tarbert commented: “As clearing organisation. Meanwhile, Scot Warren, OCC’s former chief
this case shows, principles-based regulation administrative officer, took over as COO in the
does not mean lax oversight.” In a statement on the settlement, OCC confirmed same month.
it has already developed remediation plans to
“While clearing agencies have some enhance its margin policy, incorporate stress The OCC board made further changes to several
discretion in crafting their risk management testing and liquidation costs into its clearing other senior roles, including head of financial
policies and procedures, those policies and fund and margin methodologies, respectively. risk management, chief information officer, chief
procedures must be reasonable and take into The plans have been approved by the SEC. security officer, and heads of control functions.
consideration relevant risks.”
The CFTC noted that the plans will bring OCC Moreover, OCC has increased the number
Without admitting or denying the SEC’s into compliance with the core principles and of staff responsible for risk management,
and CFTC’s findings, OCC agreed to pay regulations required of clearinghouses. compliance, legal, and information technology.
Global Stock Loans and Borrows Collateral Management & Optimization Repo/Financing
Agency Lending Cash Management Regulatory Locates
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info@stonewain.com www.stonewain.com 973-788-1886 973-315-3092
All SFTs covered counterparties, triparty agents and trade calls from regulators and central banks
repositories,” Field said. warning market participants to prepare for all
A full end-to-end solution possible Brexit scenarios and reiterated that
A fully ringfenced The test pack is the product of an industry working the EU’s temporary measures for CCPs expires
group that was formed by Delta Capita in May, and in March 2020.
data model
includes eight global banks that operate as agent
lenders and brokers, with the aim of mutualising Currently, a large part of the multi-billion euro
the costs of preparing for SFTR. derivatives business has been conducted in
www.pirum.com London, but following the UK’s withdrawal
Delta Capita also gained the support of from the EU on 31 October, EU supervisors
industry trade associations, such as the may no longer have the necessary powers for
International Securities Lending Association effective market oversight.
and the International Capital Market
Association, along with service providers and Market participants speculate that the
For more information contact
trade repositories (TRs). London Stock Exchange (LSE) may continue
connect@pirum.com or call
to settle euro derivatives for a transitional
+44 (0)20 7220 0968 (UK & Europe)
The test pack has since been shared with period even in the event of a No-Deal Brexit to
+1 917 565 8575 (US)
DTCC, which begun trialling it with its own SFTR avoid market distortions.
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In addition, we offer financial, operational, and technical resources to help you succeed,
today and over time.
Discover how a powerful relationship can help you achieve success. Visit
wellsfargo.com/prime.
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Wells Fargo Bank, N.A. Wells Fargo Securities, LLC and Wells Fargo Prime Services, LLC are distinct entities from affiliated banks and thrifts.
© 2018 Wells Fargo Securities, LLC. All rights reserved. IHA-5362801
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The content of this material is of summary matter (and subject to change without notice), for general information only and is intended for institutional clients. Terms and conditions apply.�
The products and services described may not be available in all jurisdictions and may ultimately be offered or provided by RBC Investor & Treasury Services or one of its affiliates within
the Royal Bank of Canada financial group. RBC Investor & Treasury Services make no representation or advice to the legal, regulatory or tax implications of the matters referred to.��
RBC Investor & Treasury Services™ is a global brand name and is part of Royal Bank of Canada. RBC Investor & Treasury Services is a specialist provider of asset servicing, custody,
payments and treasury services for financial and other institutional investors worldwide. RBC Investor & Treasury Services operates primarily through the following companies: Royal
Bank of Canada, RBC Investor Services Trust and RBC Investor Services Bank S.A., and their branches and affiliates. RBC IS Bank S.A. is supervised in Luxembourg by the CSSF and the
European Central Bank. In the UK, RBC I&TS operates through RBC Investor Services Trust, London Branch & Royal Bank of Canada, London Branch, authorized and regulated by the Office
of the Superintendent of Financial Institutions of Canada. Authorized by the Prudential Regulation Authority. Subject to regulation by the Financial Conduct Authority and limited
regulation by the Prudential Regulation Authority. Details about the extent of our regulation by the Prudential Regulation Authority are available from us on request. RBC I&TS UK also
operates through RBC Europe Limited, authorized by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
Additionally, RBC I&TS’ Trustee and Depositary services are provided through RBC Investor Services Bank S.A., London Branch, authorized by the Commission de Surveillance du Secteur
Financier (CSSF) and European Central Bank (ECB) and subject to limited regulation by the Financial Conduct Authority and Prudential Regulation Authority. Details about the extent of
our regulation by the Financial Conduct Authority and Prudential Regulation Authority are available from us on request. In United States, RBC Investor Services Bank S.A. maintains a
representative office supervised by the Federal Reserve Bank of New York. �In Australia, RBC Investor Services Trust (AFSL 295018) and Royal Bank of Canada (AFSL 246521) are authorized
to carry on financial services business by the Australian Securities and Investments Commission. In Singapore, RBC Investor Services Trust Singapore Limited (RISTS) is licensed by the
Monetary Authority of Singapore (MAS) as a Licensed Trust Company under the Trust Companies Act and was approved by the MAS to act as a trustee of collective investment schemes
authorized under S 286 of the Securities and Futures Act (SFA). RISTS is also a Capital Markets Services Licence Holder issued by the MAS under the SFA in connection with its activities
of acting as a custodian. In Guernsey, RBC Offshore Fund Managers Limited is regulated by the Guernsey Financial Services Commission in the conduct of investment business. Registered
Office: PO Box 246, Canada Court, St Peter Port, Guernsey, Channel Islands, GY1 3QE, registered company number 8494. In Jersey, RBC Fund Administration (CI) Limited is regulated by
the Jersey Financial Services Commission in the conduct of fund services and trust company business in Jersey. Registered office: Gaspé House, 66-72 Esplanade, St Helier, Jersey JE2 3QT,
Channel Islands. Registered company number 52624. In Hong Kong, RBC Investor Services Bank S.A. is a restricted license bank and is authorized to carry on certain banking business in
Hong Kong by the Hong Kong Monetary Authority. RBC Investor Services Trust Hong Kong Limited is regulated by the Mandatory Provident Fund Schemes Authority as an approved trustee.
Royal Bank of Canada, Hong Kong Branch, is regulated by HKMA and SFC. ® / ™ Trademarks of Royal Bank of Canada. Used under licence.
Digital Assets
investors are finding appeal in digital assets and many are looking to For the cryptocurrency industry to truly mature, institutional investors
invest more in digital assets over the next five years”. are going to have to get involved. Exchanges, brokers, asset managers,
over-the-counter (OTC) traders, custodians and others must enforce
What are the primary considerations with the buying/ institutional-grade controls on all transactions. It’s the only way to
selling/holding and custody of digital assets? bring about a new era of stability and trust in this new era of digital
asset management.
Alexandre Lemarchand: Proper custody of digital assets is not as
easy as locking up gold or paper currency in a bank vault. Since What is meant by ‘hot storage’ and ‘cold storage’ and
cryptocurrencies like Bitcoin and Ethereum exist completely which is best suited to the institutional investors?
digitally on a blockchain and are by nature maintained in a
decentralised environment, they present an enticing target for Jeanjean: The distinction between the two of these is that hot wallets
hackers. Further, institutions dealing with public and private keys are connected to the internet while cold wallets are not. Leaving your
on such a large scale isn’t easy. Secure storage of large digital crypto on an exchange is an example of hot wallet storage. Naturally,
asset funds is complex, and institutions need safe, comprehensive cold wallets are considered safer than hot wallets, as they spend little
and integrated storage solutions. (or no) time connected to the internet.
Industry reports have shown that some $1.7 billion in cryptocurrency Hardware wallets of the cold variety are generally considered the best
was stolen last year. The threat landscape faced by investors is similar and safest option for storing cryptocurrency. These are typically in
to those facing security professionals in all tech spaces and will only USB format and can be temporarily “hot” in that they can be connected
become broader as the industry grows. From social engineering to to the internet to facilitate a crypto exchange, but primarily remain
traditional cyberattack methods like site clones, phishing and SMS offline and disconnected with assets fully isolated and inaccessible
hacks, to basic hardware tampering, there are many entry points in to hackers.
this new frontier.
While USB-based hardware wallets are undeniably the best way for
Cryptocurrencies and other digital assets present individuals holding cryptocurrency to protect their investment, they’re
unique challenges to custodians. What are these not practically viable for enterprises handling millions of dollars’ worth
challenges? And, does this present the custodian of crypto. In the early stages of institutional investing, asset managers
community with commercial opportunities? would find themselves securing massive amounts of wealth on
hardware wallets with no convenient and efficient way to implement
Lemarchand: Effective cryptocurrency custody solutions should meaningful segregation of duty.
ensure there are no single points of failure within an organisation.
Think about the QuadrigaCX case in which $163 million disappeared. The financial industry really needs custody solutions that are
While that’s now developing into a matter of extreme fraudulence and more holistic in their approach, combining both hot and cold
one bad actor, it showed on a tremendous scale that the danger lies in approaches, and encompassing both hardware and software
trusting single points of failure. technology solutions.
www.securitieslendingtimes.com 19
Digital Assets
How are regulators viewing the emergence of these Overall, how safe is digital custody and how are service
alternative asset classes and how is the service providers looking to protect holdings as we all move to
community interacting and responding? a world of digitalisation?
Lemarchand: The world of cryptocurrency is relatively new to Lemarchand: There is no denying that the digital asset world is one
regulators. In the US, this new class of digital assets falls under that is constantly under attack. We spend significant time and effort
the jurisdiction of multiple regulatory agencies. The US Securities to assess the security of our technology along with our industry’s. As
Exchange Commission has taken the lead, but only time will tell how hackers become more sophisticated, there is no question that our
regulation in the US will shake out. industry will be forced to adapt and create novel technology, which is
exactly where our work leads us.
What does the digital custody landscape look like in
three years’ time? Researchers like us are consistently publishing findings to raise
awareness about the security of our industry, and also to lay the
Jeanjean: As cryptocurrency awareness grows, the digital custody groundwork for other security researchers. Our intention is that this
landscape will as well. In three years’ time, there will be more institutional work will lead to additional research and improve the overall security
investors on the scene diversifying their portfolios with digital assets. of the industry. Designing security is serious, hard work. Those
More regulated custodians will be on the scene supporting serious long working in this field spend a lot of time and resources trying to create
term growth for individual investors, asset managers and family offices. secure solutions. SLT
www.securitieslendingtimes.com 20
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Following this, in early August 2018 Tesla’s equity short position courts with an unvetted tweet claiming that Tesla would produce
was above $13 billion for the first time, which compared to about 500,000 cars this year. This led the SEC requesting a court to
the previous peak of $12.8 billion in June. This came after hold Musk in contempt.
Saudi Arabia’s sovereign wealth fund took a $2 billion stake in
Tesla shares. Following this, the law firm Grant & Eisenhofer brought suit on
behalf of institutional investors against Musk and the board Tesla
Then, on 7 August 2018, Musk posted a message on the social media asserting that the CEO’s ongoing unchecked misstatements on
website Twitter claiming that he would take Tesla private and that the Twitter have continued to harm the company and its shareholders.
funding for doing so had been secured. He wrote: “Am considering According to Grant & Eisenhofer, shareholders were asking for
taking Tesla private at $420. Funding secured”. injunctive relief and monetary damages with respect to Tesla’s use
of Musk’s personal Twitter account to make statements concerning
Shareholders responded by saying that this was an attempt to the company.
manipulate Tesla’s stock price and ruin plans for short-sellers.
Following this, shareholders filed a class-action lawsuit, claiming Speaking in March, Michael Barry, Grant & Eisenhofer director, stated:
Musk’s tweet represented false and misleading information. “Mr Musk has continually disregarded all efforts to rein in his material
misstatements on social media. He has ignored federal court orders,
The US Securities and Exchange Commission (SEC) went on to charge a settlement with the SEC, and even his company’s own corporate
Musk with a securities fraud charge and charged Tesla with failing to policies expressly requiring that any of his tweets regarding Tesla
have required disclosure controls and procedures relating to Musk’s be pre-screened. His conduct has not only cost Tesla shareholders
tweets. This saga caused Tesla shares to drop 3.4 percent to $284.96, dearly but threatens to expose the company to even greater liability
down about 8.5 percent for the year (as of 18 September 2018), and litigation in the future.”
according to Bloomberg.
Several months on and Tesla short sellers are refusing to let this
Musk and Tesla agreed to settle seperate charges against them and particular golden goose go. At the time of writing, Data from S3
were slapped with a $20 million fine each by the SEC. As well as this, Partners shows that Tesla short interest is $9.11 billion (with a 0.73
Musk was required to step down as the company’s chairman and percent stock borrow fee), representing 39.32 million shares shorted;
agree to have statements on social media pre-approved. 29.63 percent of its float.
After this however, around the end of the year, the ride finally seemed “Tesla short sellers have reversed course after covering 4.86
over for Tesla’s short sellers. At the start of November, the number of million shares of their short book in 2018, a decrease of 16
Tesla shares borrowed declined by 6.9 million to a year-to-date low of percent, they have been in short selling mode for most of 2019
22.4 million, according to IHS Markit. (see figure 2),” explains Ihor Dusaniwsky, managing director of
predictive analytics, S3 Partners.
The total short interest fell a further 1.5 million over the last two weeks
of November to 27.9 million, the lowest level since March. At the time, Over the past month Tesla shares shorted have increased by 13.75
IHS Markit suggested that lenders were reporting 16 million shares as million shares ($3.19 billion), 53.77 percent in 2019 as its stock price
available to borrow, equating to $5.4 billion. fell 30.35 percent, according to Dusaniwsky (see figure 3).
The total lendable pool, including shares already lent out, had been “Tesla short sellers have been selling into price weakness for most of
consistently in the range of 30 to 31 million shares since the start of the year and are up $2.85 billion in year-to-date mark-to-market profits
November, IHS Markit explained that recent securities lending availability (32.37 percent). Over the past month, with Tesla’s stock price rallying
increase is purely the result of existing borrows being returned. a bit, short have given back $245 million in mark-to-market losses,
2.73 percent,” he notes.
Encore!
He concludes: “Tesla continues to be an active and vigorously
But, as it turned out, the party wasn’t over. Today, the electric car defended short, as I can attest from my Twitter feed, and even though
manufacturer has reclaimed pole position as the second-largest short short sellers are down $2.49 billion in mark-to-market losses since
target in the US market, behind Apple (see figure 1). 2016, this year’s $2.85 billion in mark-to-market profits and relatively
cheap financing rates (73bps fee) will not be a reason for Tesla shorts
Tesla comes in at $9.14 billion compared to Apple’s $10 billion while to close out their positions.”
the third largest short in the US, Microsoft, comes in at $6.4 billion,
significantly lower than Tesla’s. “Their recent profitability has in fact given them a profit/loss
cushion that makes the chances of a Tesla short squeeze even
For Musk, the trouble started again in February when he defied the more improbable.” SLT
www.securitieslendingtimes.com 23
Stock Analysis
Figure 1
Figure 2
Figure 3
Access to the leading Securities Supports lifecycle event Access to industry-wide UTI
Finance trading platform, management, loan and collateral generation and sharing portal.
EquiLend NGT. allocations and centralized
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MarketAxess logo, Trax, Open Trading and “Now you’re in the market” Canada Corp. and EquiLend Clearing Services are subsidiaries of
are trademarks of the Company. MarketAxess Corporation is a member EquiLend Holdings LLC (collectively, “EquiLend”). EquiLend LLC and
of FINRA and SIPC. MarketAxess Europe Limited and MarketAxess Capital EquiLend Clearing Services are members of FINRA and SIPC. EquiLend
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Africa Update
Dating as far back as 1969, but formally commencing in London Benefits of securities lending from a participatory standpoint include
around 1999 before gaining popularity in other parts of the world, the opening-up of additional streams of income to both the lender and
securities lending is more popular in Europe, some parts of Asia, and borrower. Borrowers earn profit from short-selling and taking advantage
North America, with North America doing about 9 percent of world of arbitrage opportunities while lenders earn income from fees paid by
trade. According to the International Securities Lending Association the borrowers. It also brings about market liquidity and drives price
(ISLA) as of 31 December 2018, a total of €2.2 trillion was on loan discovery. Like most loan agreements, collateral will be involved in
globally, while €16.6 trillion was available for lending. the process—hence collaterals are quite critical for securities lending
agreements. The collateral is to buy back the securities borrowed
Typically, lenders are institutional investors—pension fund in case the borrower defaults, hence protecting the lender and
administrators, insurance companies, fund managers, hedge returning them into a state where they were before the securities were
funds, and asset managers; or individual investors—high net-worth borrowed. Collateral types for securities lending include, but are not
individuals and retail investors. Additionally, fund managers who limited to, cash, bonds, treasury bills, and other money market and
engage in securities lending have the potential to improve their fund debt instruments. Given the importance of securities lending in global
portfolio performance by reinvesting the income earned in the fund or markets, the use of the Global Master Securities Lending Agreement
using it to offset management fees. has become a standard that most markets adopt.
Institutional investors may approach a securities lending agent Curiously, given all its benefits, many regions in the world are yet to
directly to make their securities available for lending while individual embrace the potential of securities lending. Except for South Africa,
the rest of Africa is yet to catch-up in the securities lending world. recent laws to combat this and government regulation in major
This financial invention is not only a catalyst for more sophisticated countries allow lenders to re-invest collateral in sovereign bonds
financial/capital market transactions like hedging, short selling, which are relatively risk-free.
arbitrage which ultimately facilitate price discovery and brings about
liquidity in the market; it is also the bedrock of many other financial To conclude on how effectively securities lending risks and perceived
market transactions like derivatives, forwards and so on. A market that risk are being mitigated, the International Securities Lending
is yet to offer securities lending I deem unequal to its securities lending Association has come up with a global agreement that governs all
offering counterparts in terms of market development and may not be securities lending transactions. The agreement addresses defaults,
as forward-looking. lender and borrower warranties, collateral agreements, taxes and so
on. This should encourage savvy investors.
Perhaps one of the reasons that this has not been fully embraced in
many African countries and indeed some other parts of the world is Financial transactions are not usually done in isolation (except they are
that a few people understand the concept. This poor understanding fraudulent) and will normally involve several parties. Securities lending
is common to the parties who are supposed to play significant roles in is not an exception; hence, for it to work, world financial corporations,
securities lending—holders of securities, government regulators and exchanges and depositories must work together to drive it to its
tax authorities, who may find it challenging to apply tax rules. In some full potential.
instances, the tax rules do not exist.
Although some parts of the world are yet to fully embrace securities
One way to remedy the issue of knowledge gap is for fund managers lending, there are organisations that are determined to make it work by
to sensitise security holders in their books and advise them of the pushing, advocating and sensitising. One such organisation is Stanbic
opportunities of securities lending and benefits thereto. If this is done IBTC Bank in Nigeria (a member of Standard Bank Group), which is
at the point of onboarding each client, then a sizeable amount of determined to pioneer this development in the Nigerian market and
security holders will be duly informed, and we can expect to start has worked closely with the Nigerian Stock Exchange, the Federal
closing the knowledge gap one step at a time. Inland Revenue Service—Nigeria’s tax authority, and the Securities
and Exchange Commission to ultimately add value to investors and
Another considerable reason is the double taxation of dividend in some the greater society.
jurisdictions. This will happen when a corporate action event such as
cash dividends are paid, the holder of the security (that is the borrower) Stanbic IBTC is technology-driven and has begun the process of
receives the dividend but because the lender must be returned to driving the securities lending business technologically by engaging
their original position, the borrower will pay the proceeds from the with the Nigerian Stock Exchange and the Central Securities
dividend to the lender. The cash the borrower pays the lender in lieu of Clearing System on processes to make each transaction straight-
dividend received (‘manufactured’ or ‘as is’ dividend). While the original through. Fortunately, these organisations are very keen on bringing
dividend paid to the borrower is subjected to a dividend tax rate. The development to our markets and are working together to ensure
manufactured dividend is also subjected to tax, nevertheless at a less this is attained.
favourable income tax rate by the government or tax authorities in
such regions because they view the manufactured dividend as normal Just as little drops of water are believed to form an ocean, I believe
income from the business. This is discouraging to market makers and the efforts of these organisations will eventually pay off and can only
may even be viewed as punitive by some financial dealers. hope that the rest of the world come to the table.
www.securitieslendingtimes.com 27
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