A good faith violation occurs when a security purchased in a customer's cash account is sold before being paid for with the settled funds in the account. This is referred to as a "good faith violation" because while trade activity gives the appearance that sales proceeds will be used to cover purchases (where sufficient settled cash to cover these purchases is not already in the account), the fact is the position has been liquidated before it was ever paid for with settled funds, and a good faith effort to deposit additional cash into the account will not happen.
Good faith violation example 1:
Cash available to trade = $0.00
- On Monday morning, a customer sells XYZ stock netting $10,000 in cash account proceeds.
- On Monday afternoon, the customer buys ABC stock for $10,000.
- If the customer sells ABC stock prior to Tuesday (the settlement date of the XYZ sale), the transaction would be deemed to be a good faith violation because ABC stock was sold before the account had sufficient funds to fully pay for the purchase.
Good faith violation example 2:
Cash available to trade = $10,000, all of which is settled
- On Monday morning, the customer purchases $10,000 of XYZ stock.
- On Monday mid-day, the customer sells the XYZ stock for $10,500.
- At this point, no good faith violation has occurred because the customer had sufficient funds (i.e. settled cash) for the purchase of XYZ stock at the time the purchase was made.
- Near market close, the customer purchases $10,500 of ABC stock.
- A good faith violation will occur if the customer sells the ABC stock prior to Tuesday when Monday's sale of XYZ stock settles and the proceeds of that sale are available to fully pay for the purchase of ABC stock.
A cash liquidation violation occurs when a customer purchases securities and the cost of those securities is covered after the purchase date by the sale of other fully paid securities in the cash account.
Cash liquidation violation example 1:
Cash available to trade = $0.00
- On Monday, the customer purchases $10,000 of ABC stock.
- On Tuesday, the customer sells XYZ stock, which had been purchased the previous month, for $12,500 in proceeds (due to settle on Wednesday).
- A cash liquidation violation has occurred because the customer purchased ABC stock by selling other securities after the purchase. When the ABC transaction settles on Tuesday, the customer's cash account will not have the sufficient settled cash to fund the purchase because the sale of the XYZ stock will not settle until Wednesday.
A free riding violation occurs when a customer purchases securities and then pays for the cost of those securities by selling the very same securities.
Free riding example 1:
Cash available to trade = $0.00
- On Monday morning, the customer places an order to purchase $10,000 of ABC stock through a representative on a good faith agreement of prompt payment by settlement date (Tuesday).
- No payment is received by settlement on Tuesday.
- On Wednesday, the customer sells ABC stock for $10,500
A free riding violation has occurred because no payment was received for the purchase.
Free riding example 2:
Cash available to trade = $5,000
- On Monday morning the customer places an order to purchase $10,000 of ABC stock intending to send $5,000 payment later in the week (before Tuesday) through an electronic funds transfer.
- Later in the day Monday, ABC stock rises dramatically in value due to rumors of a takeover.
- On Tuesday, the customer sells ABC stock for $15,000 and decides it is no longer necessary to send the $5,000 payment.
- The customer does not complete the electronic funds transfer.
- A free riding violation has occurred because the $10,000 purchase of ABC stock was paid for, in part, with the sale of ABC stock since the customer did not deposit into the account the additional $5,000 to cover the purchase price of ABC stock by settlement date.
A cash account with three good faith violations, three cash liquidation violations or one free riding violation in a 12-month period will be restricted to purchasing securities only when the customer has sufficient settled cash in the cash account at the time of purchase. This restriction is effective for 90 calendar days.