Trading in Cash Account
Every trade executed in a cash account takes three business days to settle. For this reason, proceeds from a sale transaction are generally not available for purchases until the third business day based on the rule of Regulation T of the Federal Reserve Board. The following describes the rules and policies of using the proceeds from cash account transactions.
- Cash accounts that demonstrate a pattern of using unsettled sale proceeds towards new purchases and then selling the newly purchased shares before the sale proceeds have settled will be restricted for 90 days and coded "funds in advance of trading due to good faith violations". For example, a customer who uses sale proceeds sold in his cash account on Tuesday may purchase other securities on Tuesday through Thursday, but may not sell the new shares until the original sale proceeds have settled on Friday. Cash accounts having a pattern of selling shares that were paid by unsettled sale proceeds will be restricted. A pattern will be defined as four occurrences within a 12-month period.
- Day trading in cash accounts will be permitted only once per settlement cycle. For example, a cash account with a $30,000 free credit balance may buy and sell $30,000 worth of the same stock on a Tuesday, but may not reuse the $30,000 toward another purchase until the sale proceeds have settled on Friday (or Wednesday for options transactions). Cash accounts that show a pattern of reusing free credit balances before sale proceeds have settled will be restricted for a period of 90 days and coded "funds in advance of trading due to excessive cash account day trades". A pattern will be defined as four occurrences within a 12-month period.
These rules have been in place for awhile and affect every brokerage firm in the United States. Recent regulatory actions and trading practices have brought this matter to the forefront. If you wish to continue trading in the method discussed above, it is recommend that you do so in a margin account. In a margin account, no consideration is given to the settled or unsettled status of sale proceeds when computing various margin account calculations.
You can check this FINRA notice NASD 04-38 (PDF format) for more information.
Day-Trading Rules
The SEC has approved amendments to NASD Rule 2520 regarding Day Trading that are effective September 28, 2001.
(i) The term "day trading" means the purchasing and selling or the selling and purchasing of the same security on the same day in a margin account except for:
a. a long security position held overnight and sold the next day prior to any new purchase of the same security, or
b. a short security position held overnight and purchased the next day prior to any new sale of the same security.
(ii) The term "pattern day trader" means any customer who executes four or more day trades within five business days. However, if the number of day trades is 6% or less of total trades for the five business day period, the customer will not be considered a pattern day trader and the special requirements under paragraph (f)(8)(B)(iv) of this Rule will not apply. In the event that the organization at which a customer seeks to open an account or to resume day trading knows or has a reasonable basis to believe that the customer will engage in pattern day trading, then the special requirements under paragraph (f)(8)(B)(iv) of this Rule will apply.
(iii) The term "day-trading buying power" means the equity in a customer's account at the close of business of the previous day, less any maintenance margin requirement as prescribed in paragraph (c) of this Rule, multiplied by four for equity securities.
Whenever day trading occurs in a customer's margin account the special maintenance margin required for the day trades in equity securities shall be 25% of the cost of all the day trades made during the day. For non-equity securities, the special maintenance margin shall be as required pursuant to the other provisions of this Rule. Alternatively, when two or more day trades occur on the same day in the same customer's account, the margin required may be computed utilizing the highest (dollar amount) open position during that day. To utilize the highest open position computation method, a record showing the "time and tick" of each trade must be maintained to document the sequence in which each day trade was completed.
(iv) Special Requirements for Pattern Day Traders
a. Minimum Equity Requirement for Pattern Day Traders — The minimum equity required for the accounts of customers deemed to be pattern day traders shall be $25,000. This minimum equity must be deposited in the account before such customer may continue day trading and must be maintained in the customer's account at all times.
b. Pattern day traders cannot trade in excess of their day-trading buying power as defined in paragraph (f)(8)(B)(iii) above. In the event a pattern day trader exceeds its day-trading buying power, which creates a special maintenance margin deficiency, the following actions will be taken by the member:
1. The account will be margined based on the cost of all the day trades made during the day,
2. The customer's day-trading buying power will be limited to the equity in the customer's account at the close of business of the previous day, less the maintenance margin required in paragraph (c) of this Rule, multiplied by two for equity securities, and
3. "time and tick" (i.e., calculating margin using each trade in the sequence that it is executed, using the highest open position during the day) may not be used.
c. Pattern day traders who fail to meet their special maintenance margin calls as required within five business days from the date the margin deficiency occurs will be permitted to execute transactions only on a cash available basis for 90 days or until the special maintenance margin call is met.
d. Pattern day traders are restricted from using the guaranteed account provision pursuant to paragraph (f)(4) of this Rule for meeting the requirements of paragraph (f)(8)(B).
e. Funds deposited into a pattern day trader's account to meet the minimum equity or maintenance margin requirements of paragraph (f)(8)(B) of this Rule cannot be withdrawn for a minimum of two business days following the close of business on the day of deposit.
(C) When the equity in a customer's account, after giving consideration to the other provisions of this Rule, is not sufficient to meet the requirements of paragraph (f)(8)(A) or (B), additional cash or securities must be received into the account to meet any deficiency within five business days of the trade date.
In addition, on the sixth business day only, members are required to deduct from Net Capital the amount of unmet maintenance margin calls pursuant to SEC Rule 15c3-1.
You can check this NASD Rule 2520(PDF document) to get more information about day trading.