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hi guys, you all all overcomplicating this....stx likely to be...

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mrpog

143 Posts.

9

23/07/24

04:58

Post #: 74865266
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Originally posted by Luck101: ↑

This shorting position is confusing.I now believe that full title passes from the Lender to the Borrower.
The Borrower pays a fee and needs to 'give back' the shares according to the agreement.And I see nothing which requires the Borrower to sell immediately.
I suppose they can hang onto the shares to cause fear amongst the normal retail holders.

I need someone who is a holder and who has run a publicly listed company to help out here.

This is a case-Beconwood v ANZ- that is helpful in setting out the structure.
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2008/594.htmlThis is para 25 & 26:
Clause 3.4 provides: “Notwithstanding the use of expressions such as “borrow”, “lend”, “Collateral”, “Margin”, “redeliver”, etc., which are used to reflect terminology used in the market for transactions of the kind provided for in this Agreement, all right title and interest in and to Securities “borrowed” or “lent” and “Collateral” which one Party transfers to the other in accordance with this Agreement will pass absolutely from one Party to the other free and clear of any liens, claims, charges or encumbrances or any other interest of the Transferring Party or of any third party (other than a lien routinely imposed on all securities in a relevant clearance system) without the transferor retaining any interest or right to the transferred property, the Party obtaining such title being obliged only to redeliver Equivalent Securities or Equivalent Collateral, as the case may be. Each Transfer under this Agreement must be made so as to constitute or result in a valid and legally effective transfer of the Transferring Party’s legal and beneficial title to the recipient.” Clause 3.4 is buttressed by the warranty of the Lender (ie Beconwood) in cl 9(c) that it is “absolutely entitled to pass full legal and beneficial ownership of all Securities” to the Borrower (ie OPS) free from “all liens, charges, equities and encumbrances.”
Clause 4.1 also picks up the obligation to pay a fee. It provides that if in respect of a loan of securities the Collateral is cash, the Collateral Taker must pay “a fee ... in respect of the amount of that Collateral, calculated at the rate initially as agreed” and “the Client must pay a fee to Opes Prime for each loan of Securities” in an amount agreed.
An example of the standard Lending agreement is online.

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hi guys, you all all overcomplicating this....stx likely to be dropped from asx 200 in Sept, positions will be unwound / institutional selling leading into sept. It's that simple. Unless we get a serious trigger before then no short cover event. My own thoughts is domgas decision not favourable to stx and institutions know this hence their confidence in short game. My bet is this down draught will cause soft sp then rebound in oct. Buying op coming. Dyoh.
pog
STX Price at posting: 20.5¢ Sentiment: Hold Disclosure: Held
1 Upvote

0 Great analysis

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Last 20.5¢		Change 0.005(2.50%)		Mkt cap ! $586.4M

Open	High	Low	Value	Volume
20.5¢	20.8¢	20.0¢	$1.513M	7.397M

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No.	Vol.	Price($)
1	18352	20.5¢

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Price($)	Vol.	No.
21.0¢	878886	12

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No.	Vol.	Price($)
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45	1938032	0.195
44	2426556	0.190
12	485825	0.185
16	506667	0.180

Price($)	Vol.	No.
0.210	762634	10
0.215	880876	9
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hi guys, you all all overcomplicating this....stx likely to be...

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hi guys, you all all overcomplicating this....stx likely to be...

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