Certain regulatory restrictions could impact customers who execute orders in margin or cash accounts. This section covers two of the more prominent account restrictions: day trading and freeride restrictions.
- For margin traders, day trading could lead to increased margin equity requirements and a reduction in the account's ability to leverage.
- Cash account traders must be aware of making full payment, by trade settlement date, for a security before selling it or risk receiving a good faith violation or a freeride restriction.
Day Trading
What is Day Trading?
Day trading is defined as buying and selling the same security (or executing a short sale and then buying the same security) during the same business day in a margin account. “Pattern day traders,” as defined by FINRA (Financial Industry Regulatory Authority) rules must adhere to specific guidelines for minimum equity and meeting day trade margin calls.
For more information regarding FINRA's guidelines for day traders, go to www.finra.org  . This page will open in a popup window..
Pattern Day Trader
The term pattern day trader generally means any customer who:
- Executes four or more day trades within a five-business-day period, or
- Incurs two unmet day trade calls within a 90-day period
A non-pattern day trader account, or an account with only occasional day trading, becomes designated a pattern day trader if it meets either of the above criteria.
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Minimum Equity Requirements for Pattern Day Traders
Pattern day traders must maintain a minimum equity of $25,000 in their margin account at all times or the account will be issued a day trade minimum equity call.
For day traders not classified as pattern day traders, the requirement is the usual $5,000 initial investment required by all Fidelity brokerage accounts.
Day Trade Minimum Equity Call
A day trade minimum equity call occurs when the margin account equity in a pattern day trader account falls below $25,000. This minimum must be restored within five business days with a deposit of cash or marginable securities. If the day trade minimum equity call is not met, then the account's day trading buying power will be restricted for 90 days. Note that there is a two business day holding period on funds deposited to meet a day trade minimum equity call or a day trade call.
Day Trade Buying Power
Day trade buying power is the amount that an account can day trade without incurring a day trade call.
The rules generally permit a pattern day trader to trade up to four times the minimum margin excess (also referred to as "exchange surplus") in the account using "time & tick" and as of the close of business of the previous day. Time & tick calculates margin using each trade in the sequence that it is executed, using the highest open position during the day. This information is only available to eligible day traders on Fidelity.com or users of Active Trader Pro®.
Note: Money market and cash credit balances are not included in the calculation of exchange surplus and, consequently, do not factor into day trade buying power.
Example:
Your account has $20,000 more than the minimum equity requirement for the marginable equities you hold. As a result, your day trade buying power is $80,000 (four times the exchange surplus).
If you bought $80,000 of XYZ Corp. at 9:31 am. and bought $70,000 of JGG Ind. at 10:00 a.m., then subsequently sold XYZ and JGG, a day trade margin call would be issued the next business day. (One way to avoid the margin call in this example would be to sell XYZ Corp. before purchasing JGG Ind.).
The account's day trade buying power balance has a different purpose than the account's buying power value. If you are intending to day trade then the day's limits are prescribed in the day trade buying power field. If you do not plan to trade in and out of the same security, in the same day, then use the buying power field to track the relevant value.
Day Trade Call
A Day Trade Call is generated whenever opening trades exceed the account's Day Trade Buying Power and are closed on the same day. Customers have five business days to meet a call in an unrestricted account by depositing cash or marginable securities in the account. The sale of an existing position may satisfy a Day Trade Call but is considered a Day Trade Liquidation. Three day trade liquidations within a 12-month period will cause the account to be restricted. If funds are deposited to meet a Day Trade Call, there is a minimum two-day hold period on those funds in order to consider the call met. Adding additional days for money movement times may be necessary. Any distributions or checks written out of the account during the open day trade call period will increase the call dollar for dollar. If a Day Trade Call of a Pattern Day Trader is not met by the due date, the account is restricted.
Account Restrictions if a Call Is Unmet
If a day trade call of a pattern day trader is not met by the due date, the account is restricted. This reduces the leverage of the day trade buying power for 90 days to one times the exchange surplus without the use of time & tick.
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Balances Information for Pattern Day Traders
The Balances page provides account information including day trade buying power and margin call information, to assist with monitoring your account. This information is only available to eligible accounts-either recognized pattern day traders or users of Active Trader Pro®. Additionally, you can view margin restrictions and detailed day trade information such as your day trade designation and number of day trade liquidations in the past 12 months along with Help links to better understand how they impact your margin trading.
If you are eligible, you will see your Intraday Buying Power displayed along with your regular Margin Buying Power information. If a margin call is issued on your account, the Balances page displays the type and amount, and provides links to additional details on the Margin Call Summary page.
If you are not a Day Trader, the Margin Buying Power field on the Balances page (not the Day Trade Buying Power Value) provides you with key account information.
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Day Trading Summary
| |
Pattern Day Trader |
Non-Pattern Day Trader |
| Definition |
- An account with 4 or more day trades within a 5-day period, or
- An account with 2 unmet day trade calls within 90 days
|
|
| Minimum equity |
$25,000 at all times |
$5,000 |
| Buying power |
If the account is…
- Unrestricted: 4 times exchange surplus (with time & tick)
- In a day trade call: 2 times exchange surplus (without the use of time & tick)
- Restricted or in a day trade minimum equity call: 1 times the exchange surplus (without the use of time & tick)
|
If the account is…
- Unrestricted: 4 times exchange surplus (with time & tick)
- In a day trade call: 4 times exchange surplus (without the use of time & tick)
- Restricted: N/A
|
| Call trigger: day trade call |
A day trade that exceeds the account's day trade buying power |
A day trade that exceeds the account's day trade buying power |
| Call trigger: day trade minimum equity call |
Margin equity falls below the $25,000 pattern day trader equity requirement |
N/A |
| Call meeting method |
Deposit of cash or marginable securities within 5 business days. A sell of an existing position may satisfy a day trade call but is considered a day trade liquidation. Three day trade liquidations within a 12-month period will cause the account to be restricted |
Deposit of cash or marginable securities within 5 business days. A sell of an existing position may satisfy a day trade call but is considered a day trade liquidation. Three day trade liquidations within a 12-month period will cause the account to be restricted |
| Result of unmet call |
Account is restricted and buying power is reduced for 90 days
If day trades are not placed for 60 days, account will no longer be labeled pattern day trader
|
Labeled a pattern day trader if 2 day trade calls are not met within 90 days |
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Cash Account Trading and Freeride Restrictions
What is a Cash Account?
A Brokerage account that does not allow for any extension of credit on securities is defined as a cash account, which includes retirement accounts and other non-retirement accounts that have not been approved for margin. All trades are accepted on the basis of receiving full payment in cash for purchases and good delivery of securities for sales by the trade settlement date.
Transactions allowed in cash accounts are: purchases and sales of securities and, if approved for options trading, option purchases, cash covered puts and covered call writing.
Short selling, uncovered option writing, option spreads and pattern day-trading strategies all require extension of credit under the terms of a margin account.
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Cash Account Trade Settlement and Rules
Rules for payment of securities transactions executed in accounts are established under Federal Reserve Board Regulation T. These rules allow for the acceptance of purchases in cash accounts if sufficient funds are in the account to fully pay for the purchase or the customer makes a good faith agreement to promptly make full payment prior to both selling the security and settlement due date. Settlement date may vary by security type and conditions of the trade but is generally 3 business days for equities and one business day for options and most mutual funds. Fixed income security settlement will vary based on security type and new issue versus secondary market trading.
It is important to note that the definition of sufficient funds residing in the account does not include cash account sale proceeds that have not settled. It also does not include non-core account money market positions. A customer who does not have sufficient funds on hand to purchase a security must agree to pay for the security before selling it.
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Cash Account Restrictions
If a security purchased in your Cash account is sold prior to being paid for with settled funds in the account, a good faith violation has occurred. The reason it is referred to as a good faith violation is that trade activity is giving the appearance that sales proceeds are being used to cover buy orders when there is insufficient Settled Cash to cover these purchases. Basically, trade activity indicates that a good faith effort to deposit additional cash into the account will not happen. If the cost of securities purchased is covered by the sale of those same securities, then a free riding violation has occurred. If the cost of the securities purchased is covered by the sale of another fully paid security after the trade date of the purchase, then a cash liquidation violation has occurred. Accounts with three good faith violations, three cash liquidation violations or one freeriding violation in a 12-month period must be restricted to purchasing securities with Settled Cash only. This restriction is effective for 90 days.
Consider the following examples:
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 ABC stock is sold prior to Thursday (settlement date of the XYZ sale), a good faith violation would be charged as the ABC stock is not considered fully paid for prior to sale.
Good Faith Violation Example 2:
Settled Cash = $10,000
- On Monday morning, a purchase is made for $10,000 of XYZ stock
- On Monday mid-day, the customer sells the $10,500 of the XYZ stock
- Near market close, the customer purchases $10,500 of ABC stock
- At this point no good faith violation has occurred because the customer had sufficient funds for the purchase of XYZ
- If ABC is sold prior to being paid for (settlement) then a good faith violation will have occurred
Good Faith Violation Example 3:
Cash Available to Trade = $10,000 – Cash Credit from Unsettled Activity = $5,000 (Proceeds from a sale of stock the prior Friday – Trade settles on Wednesday)
- On Monday morning, customer purchases $15,000 of ABC stock
- A good faith violation occurs if this customer sells the ABC stock on Monday or Tuesday.
- The purchase is not considered fully paid for because the $5,000 proceeds are not considered sufficient funds until they are settled on Wednesday.
Freeriding Example 1:
Cash Available to Trade = $0.00
- On Monday morning the customer places a buy order with a representative for $10,000 of ABC stock on a good faith agreement of prompt payment by settlement date.
- No payment is received by settlement and the customer sells ABC stock on Friday for $10,500
- A freeriding violation has occurred as no payment was received for the purchase.
Freeriding Example 2:
Cash Available to Trade = $5,000
- On Monday morning the customer places a buy order for $10,000 of ABC stock intending to send $5,000 payment later in the week through an electronic fund transfer.
- On Tuesday ABC stock rises dramatically to be valued at $15,000 due to rumors of a takeover.
- On Wednesday morning the customer sells ABC stock for $15,000 and decides it is not necessary to send money electronically from the bank anymore.
- A freeriding violation has occurred if payment is not received by settlement to cover the $5,000 difference between the initial purchase of ABC stock and cash available to purchase at the time of trade.
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Balance Information for Cash Accounts
Cash Available to Trade is defined as the cash dollar amount available for trading in the core account without adding money to the account. This balance includes intraday transaction activity.
For unrestricted cash accounts, all buy trades are debited and all sell trades are credited from the Cash Available to Trade balance as soon as the trade executes, not when the trade settles. For example, if the Core is $10,000, a deposit of $10,000 is received today, and the account has a $10,000 credit balance from unsettled activity, the Cash Available to Tradebalance would be $30,000.
For cash accounts restricted for freeriding or good faith violations, the Cash Available to Tradebalance will not include unsettled cash account sale proceeds.
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