jackofspades123

joined 1 year ago

Great job pulling this all together.

 

This is heavily inspired by Consistent-Reach-152

Background

GME Certificate Of Incorporation: https://www.sec.gov/Archives/edgar/data/1326380/000132638022000080/a31-certificateofamendment.htm

  • There is no mention of fractional shares

Truck Hero, Inc Certificate Of Incorporation: https://www.sec.gov/Archives/edgar/data/1648189/000119312515346140/d17828dex31.htm

  • There is a mention of fractional shares

Delaware Code: https://codes.findlaw.com/de/title-8-corporations/de-code-sect-8-155.html

  • If fractional shares are not mentioned in the by laws, then there are no fractional shares

JP Morgan: https://www.sec.gov/divisions/investment/noaction/2016/jpmorgan-041416-206(3)-incoming.pdf

  • Fractional shares are not issued by the issuer but rather are account entries meant to represent the portion of a whole share (held by a broker or another party) that an accountholder would be entitled to (including ongoing appreciation and depreciation) if fractional shares existed and could be traded in the marketplace.

SEC: https://www.sec.gov/oiea/investor-alerts-and-bulletins/fractional-share-investing-buying-slice-instead-whole-share

  • The way you buy and sell fractional shares differs between brokerage firms that provide this service to their customers.
  • You may not have voting rights if you own fractional shares. Your ability to exercise proxy voting will depend on how your brokerage firm’s fractional share investing program works. Some brokerage firms allow it, with special procedures, and some firms do not allow it at all. Ask your brokerage firm whether you will have any voting rights associated with fractional share purchases.

While there have been times in the past that GameStop or what would become GameStop have issued fractional shares (ie mergers), those are one offs

Taken together, we get the following conclusions

  • Only whole shares are allowed by GME
  • Fractional shares are happening between the individual and the financial entity.
[–] jackofspades123@lemmy.whynotdrs.org 1 points 8 months ago (1 children)

Did he ask you to post it? Do you have his permission to share it? He is certainly welcome here.

"There is no wrong way to hold GameStop. PERIOD. FULL STOP.

That is such a wrong statement. By now we should agree being record holder is better than a beneficial owner.

Great write up! Really informative and love the court cases as citations.

One thing to add is around the concept of anti hedging rules for executives. In the older days, executives would short against their current positions. This is part of the reason section 1259 for taxes exists https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1621&context=wmlr

Thanks for sharing this.

"The where doesn't matter"

WOW

great post. thank you

In 100% of the votes reviewed, one share, one vote did not happen.

This (to me) is such an important video. Thanks for sharing.

I get the pushback on it is wrong to sign up yet again for another place. The only reason I suggested it is so you can read the logs and decide for yourself how good or how bad they are. I didn't want to share my perspective on how I think they are

I am really happy with this. I think there are still some gaps, but overall, I am quite happy.

The video talk was good especially to see the commissioners talk/argue their points. I also must say, I like the staff getting to respond to questions from commissioners.

 

"As a result, a beneficial owner's ownership cannot be tracked to specific shares but rather its ownership interest is represented as a securities entitlement at his or her broker-dealer. Each of those beneficial owners don't own the actual shares credited to their account " https://www.sec.gov/news/speech/2007/spch101607ers.htm

There can however be more security entitlements than total shares issued by the company.

 

I wanted to show a few examples with pictures to illustrate how inexpensive it can be to buy 100 votes

I am going to show pictures of each ticker with me going long 100 shares, short a call, and long a put. The call and put will be for the same strike and the same expiration. At the very end will be a summary table of upfront costs, losses/gains, and then some additional comments.

Please note:

  • This assumes no early exercise, which is a risk to this.
  • This assumes what is displayed on the ticket can be filled. Technically, it will not fill as optimally, but the gist of this is the key.
  • This is all based on data from thinkorswim pulled around 11:30am on 3/30/2023.

Examples

TLDR Summary

  • GME: for $2.4k, you can buy 100 votes and you’ll lose is $88
  • Robinhood: for $1.1k, you can buy 100 votes and you’ll gain $13
  • AMC: for $0.7k, you can buy 100 votes and you’ll lose $138
  • Apple: for $16.8k, you can buy 100 votes and you’ll gain $194
  • Microsoft: for $27.4k, you can buy 100 votes and you’ll gain $141

For 5 different tickers, this shows how you can shed some or all of your economic risk and have full voting rights. This is empty voting!

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