Merrill Edge - Trading Violations (2024)

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Cash account violations tab 1 of 2Margin account violations tab 2 of 2

Cash account trade violations

Cash accounts, unlike margin accounts, require transactions to be paid for with available funds by the time the trade "

settlesSelect to open or close help pop-upSelect to close help pop-up ×What is settled cash?Settlement is when a transaction is finalized and the cash or securities are formally in your account. Most trades settle two days after they are placed. This is sometimes called "T+2," or trade date plus two business days. Settled cash includes: Deposited funds, such as a check or a wire, once the transaction postsCash from the sale of securities that have been paid for in fullSelect toCheck your "settled cash buying power" on the Balances page.End of help pop-up content

."

If you pay for a purchase with cash that is yet to settle — or the account does not hold enough cash — a trade violation may occur. If that happens, restrictions may be placed on your account.

Tips to avoid trade violations in a cash account

  • Whenever possible, use settled cash to pay for purchases.
  • Check your "settled cash buying power" and "cash available to invest" on the Balances screen.
  • Double check that you're trading in the correct account.
  • Avoid day trading in a cash account.

Types of cash account violationsFootnote asterisk*

Freeride violations

A freeride occurs when you sell a security in a cash account before sufficient funds have settled to cover that purchase. This could be due to using proceeds from a sale before settlement, or from simply exceeding available funds. Either way, if you've sold the shares before paying for them, you've committed a freeride violation.

Learn moreabout freeride violations

Consequences: Your account will be restricted to funds-on-hand trading for 90 days, meaning you can only buy securities with settled funds.

Example 1

Merrill Edge - Trading Violations (1)Merrill Edge - Trading Violations (2)

For illustration purposes only

Your account has $1,000 in total cash available.

Monday 10 am: You purchase 100 shares of ABC stock for a total cost of $2,000. You need to deposit an additional $1,000 before the purchase settles on Tuesday.

Monday 11 am: You haven't deposited the $1,000, but you sell the 100 shares of ABC stock for total proceeds of $2,500.

Tuesday: Your account is now restricted for 90 days due to freeriding because you sold the security without bringing in funds to pay for it. The restriction may be eligible to be removed if the $1,000 deposit is made by Thursday (purchase date + three business days).

Example 2

Merrill Edge - Trading Violations (3)Merrill Edge - Trading Violations (4)

For illustration purposes only

Your account has $1,000 in total cash available.

Monday 10 am: You sell 100 shares of ABC stock for a total of $2,000.

Monday 11 am: You buy 100 shares of XYZ stock for a total cost of $3,000. You then sell the 100 XYZ shares for $4,000.

Tuesday: Your account is now restricted for 90 days due to freeriding because you sold a security bought with unsettled funds. Had you waited until Tuesday to sell the XYZ shares (the date your initial sale of ABC would settle), there would be no violation. The restriction may be eligible to be removed if the required $2,000 deposit is made by Thursday (purchase date + three business days).

Steps to resolve freeride violations

  • A freeride violation can be waived if you bring in cash from another account no later than the due date of the freeride obligation. The funds must remain in the account for one business day.
  • You may receive up to two waivers in a six-month period.
  • A freeride violation can be canceled if you bring in cash from another account "as of" the origin date or prior. The funds must remain in the account for one business day.

Tips to avoid freeride violations

  • Place buy orders with settled funds.
  • If you upgrade your cash account to a margin account but still have a restriction due to a freeride violation, you'll be restricted to trading with your available Special Memorandum Account (SMA) and available cash for 90 days. You won't be permitted to end the day in a Regulation T call and/or a cash debit while this restriction is active.

Technical violations (cash liquidation violations)

A technical violation occurs when you purchase a security and then sell a different security on a later date to cover that purchase.

Learn moreabout technical violations

Consequences: If you incur three technical violations in a rolling 12-month period, your account may be restricted to funds-on-hand trading for 90 days. This means you can only purchase securities with settled funds.

Example

Merrill Edge - Trading Violations (5)Merrill Edge - Trading Violations (6)

For illustration purposes only

Your account has $1,000 in total cash available.

Monday: You purchase 100 shares of ABC stock at $100 per share for a total cost of $10,000. You must deposit an additional $9,000 in cash before the purchase settles.

Tuesday: You haven't deposited the $9,000, but sell 90 shares of XYZ stock for $9,000 to cover the purchase.

Wednesday: As you sold your shares of XYZ to pay for your purchase of ABC, you've incurred a technical violation. The violation can be canceled if a deposit of $9,000 is made by Thursday (trade date + three business days).

Steps to resolve technical violations

A technical violation can be removed if cash is deposited no later than two business days from the purchase settlement.

  • You'll need to bring in cash equal to the technical violation amount to have the violation canceled.

Tips to avoid technical violations

  • Ensure your sell orders have executed before placing buy orders, if using those funds.
  • Please review order entry cutoff time(s) prior to entering a redemption order for a money market fund. For more information, see our list of money market funds.

Sale-not-long violations

Selling a security that isn't held in your account is also known as a sale-not-long violation. This is often the result of mistakenly placing a trade in the wrong account. If you realize that you've placed a trade in the wrong account, contact us as soon as possible. A sale-not-long violation is incurred once you close out the position you sold in error.

Learn moreabout sale-not-long violations

Consequences: If you have a sale-not-long violation that results in an unpaid purchase obligation, or if you incur any sale-not-long violations three times in a rolling 12-month period, your account will be restricted to funds-on-hand trading for 90 days. This means you can only purchase securities with the settled funds "on hand."

Example

Merrill Edge - Trading Violations (7)Merrill Edge - Trading Violations (8)

For illustration purposes only

You have two cash accounts, Account A and Account B. You hold 100 shares of ABC stock in Account A and have entered a good-till-cancel order to sell 100 shares of ABC in Account A.

Monday: You move all your shares of ABC from Account A to Account B and neglect to cancel your sell order. The sell order executes in Account A, which no longer holds the shares. You receive $5,000 in proceeds for the sale.

Wednesday: You realize the ABC shares sold in the wrong account. This account has no cash other than the $5,000 in proceeds, so you use these proceeds to buy back 100 shares of ABC to correct your mistake.

Thursday: This action results in a sale-not-long violation because Account A had no cash other than the erroneous sale proceeds and you didn't move the shares back from Account B.

Steps to resolve sale-not-long violations

A sale-not-long violation can be removed if the required shares are deposited within two days of settlement of the sale.

Tips to avoid sale-not-long violations

  • Wait until shares are held in your account before you sell them.
  • Remember to cancel outstanding sale orders for shares moved between accounts.

Margin account trade violations

With a margin account, you can borrow against the value of eligible securities to buy additional securities, protect yourself from overdrafts and cover unexpected expenses. Margin increases your buying power, but it also exposes you to the potential for larger losses.

Tips to avoid trade violations in a margin account

  • Avoid creating Regulation T callsSelect to open or close help pop-upSelect to close help pop-up ×What is a Regulation T call?A Regulation T Call occurs when required margin under Regulation T exceeds the value of your Special Memorandum Account (SMA). End of help pop-up content and maintenance callsSelect to open or close help pop-upSelect to close help pop-up ×What is a maintenance call?A maintenance call is when the value of your marginable securities minus your margin debit balance falls below the account margin maintenance requirement. This requirement is usually 30% for fully marginable equities, but it can be bigger due to higher margin requirements. In order to meet a maintenance call, you might have to liquidate a position, or deposit more cash or securities into your margin account. End of help pop-up content.
  • Avoid day trading positions greater than your start-of-the-day day trade buying powerSelect to open or close help pop-upSelect to close help pop-up ×What is day trade buying power?Your day trade buying power is equal to the funds available in your pattern day trading margin account to place day trades. It is based on the maintenance requirement of the security being traded, and varies by product type and price per share. You'll only be able to see it online if your account has pattern day trader status. Day trade buying power is based on prior-day balance figures and can be found on the Balances screen.End of help pop-up content.

Types of margin account violationsFootnote asterisk*

Day trade violations

A day trade call occurs when you exceed your

day tradeSelect to open or close help pop-upSelect to close help pop-up ×What is a day trade?A day trade is an opening and closing transaction placed during the same trading day (including extended hours). This includes: Buying a security long and selling the same security on the same trading dayShorting a security and buying the same security to cover in the same trading dayBuying a security long and selling the same security short on the same trading dayShorting a security and buying the same security long on the same trading dayEnd of help pop-up content

buying power. If you're a

pattern day traderSelect to open or close help pop-upSelect to close help pop-up ×What is a pattern day trader (PDT)?If you execute 4 or more day trades within 5 consecutive business days, or have a history of pattern day trading, you will be classified as a pattern day trader. Financial Industry Regulatory Authority (FINRA) rules require firms to monitor client accounts engaged in day trading. Pattern day trading accounts are subject to a set of special margin rules that relate specifically to that practice. In addition to standard margin rules, day trade buying power is calculated and monitored, and the minimum equity threshold for day trading is increased to $25,000. Day trade buying power is based on the previous day's firm maintenance excess (FME).End of help pop-up content

, you'll be restricted if the call is not met. If you're a non-pattern day trader, you won't be restricted until incurring three unmet day trade calls within a 12-month period. You may buy and sell multiple times per day, as long as you don't open positions greater than your

day trade buying powerSelect to open or close help pop-upSelect to close help pop-up ×What is day trade buying power?Your day trade buying power is equal to the funds available in your pattern day trading margin account to place day trades. It is based on the maintenance requirement of the security being traded, and varies by product type and price per share. You'll only be able to see it online if your account has pattern day trader status. Day trade buying power is based on prior-day balance figures and can be found on the Balances screen.End of help pop-up content

that you close on the same day.

Learn moreabout day trade violations

Consequences:

Non-pattern day trader (Non-PDT)
If your non-PDT account is restricted due to day trading, you'll lose your ability to exceed your day trade buying power for opening trades online. You may bring in cash equal to the amount by which you exceeded your day trade buying power or deposit marginable securities to have the restriction canceled. If you wish to deposit marginable securities, contact us.

Pattern day trader (PDT)

First four business days
If you incur a day trade call, your account will be restricted to twice your start-of-the-day Firm Maintenance Excess plus cash for opening transactions. You'll have four business days to address the call before your account will be further restricted.
You may bring in cash equal to the amount by which you exceeded your day trade buying power or deposit marginable securities to have the restriction canceled. If you wish to deposit marginable securities, contact us.

Fifth business day
Should the four-day window elapse and you do not take action to resolve the call, your account will be further restricted to your start-of-the-day Firm Maintenance Excess (FME) and cash for opening transactions.
You can still bring in the cash or securities to have the restriction removed. If you wish to make the deposit after the first four business days, contact us.

Example 1 - Buying and selling a position above your buying power

Merrill Edge - Trading Violations (9)Merrill Edge - Trading Violations (10)

For illustration purposes only

Your account has $20,000 in day trade buying power

At 10 a.m., you purchase 100 shares of XYZ stock for $30,000. At 11 a.m., you sell the shares for $31,000.

This would trigger a day trade call because the value of your day trades exceeded your day trade buying power by $10,000.

Because of this, you can't trade the full position without incurring a day trade call. However, you can sell a portion of the position. At a purchase price of $300/share, the number of shares sold cannot exceed 66 without exceeding the $20,000 day trade buying power ($20,000 ÷ $300 = 66.66 shares).

Example 2 - The effect of selling shares on your day trade buying power

Merrill Edge - Trading Violations (11)Merrill Edge - Trading Violations (12)

For illustration purposes only

Your account has $20,000 in day trade buying power

At 10 a.m., you sell 100 shares of XYZ stock for $30,000. At 11 a.m., you buy 100 shares of ABC stock for $25,000. At 12 p.m., you sell 100 shares of ABC for $30,000.

You've incurred a day trade call because you exceeded your day trade buying power by $5,000. The sale of XYZ does not increase your day trade buying power, since it is based on start-of-the-day availability. At a purchase price of $250/share, the number of shares sold cannot exceed 80 without exceeding your $20,000 day trade buying power ($20,000 ÷ $250 = 80 shares).

Selling securities already held in your account increases your buy and hold buying power but does not affect your day trade buying power.

Steps to resolve day trade violations

You may bring in cash or marginable securities at any time you are restricted to resolve a day trade violation.

  • Any cash withdrawals made after incurring this violation will increase the call amount. The cash must be returned to your account along with the call amount for the violation to be canceled.
  • Funds deposited to meet a day trade call must remain in your account for two full business days, not including the date of deposit. For example, if funds are deposited on Tuesday, they must not be withdrawn until Friday.
  • You may need to call us to resolve the violation.

Tips to avoid day trade violations

  • You can't liquidate positions in your account to meet a day trade call as you would to satisfy other calls.

Liquidation violations

A liquidation violation occurs when you have a

Regulation T callSelect to open or close help pop-upSelect to close help pop-up ×What is a Regulation T call?A Regulation T Call occurs when required margin under Regulation T exceeds the value of your Special Memorandum Account (SMA). End of help pop-up content

and

maintenance callSelect to open or close help pop-upSelect to close help pop-up ×What is a maintenance call?A maintenance call is when the value of your marginable securities minus your margin debit balance falls below the account margin maintenance requirement. This requirement is usually 30% for fully marginable equities, but it can be bigger due to higher margin requirements. In order to meet a maintenance call, you might have to liquidate a position, or deposit more cash or securities into your margin account. End of help pop-up content

at the same time, and sell securities instead of depositing cash or marginable securities in order to meet the Regulation T call.

Learn moreabout liquidation violations

Consequences: Your account won't be restricted for a single liquidation violation. If you incur three liquidation violations in a rolling 12-month period, your account will be restricted for 90 days. You'll only be able to trade with the lower of available

Special Memorandum Account (SMA)Select to open or close help pop-upSelect to close help pop-up ×What is a Special Memorandum Account?Your Special Memorandum Account (SMA) shows the amount of equity you have in excess of the amount required by Regulation T. End of help pop-up content

or

Firm Maintenance Excess (FME)Select to open or close help pop-upSelect to close help pop-up ×What is firm maintenance excess?Firm maintenance excess is the amount of equity in your account in excess of the maintenance requirement. Because it is based on the closing value of your portfolio, it may factor into how much you can trade and withdraw. Firm maintenance excess is the amount of equity in your account in excess of the maintenance requirement. Because it is based on the closing value of your portfolio, it may factor into how much you can trade and withdraw. End of help pop-up content

and cash.

Example

Merrill Edge - Trading Violations (13)Merrill Edge - Trading Violations (14)

For illustration purposes only

You have a margin account with a Regulation T call of $10,000 and a maintenance call of $16,000.

You sell 500 shares of marginable ABC stock for $60,000. This releases $30,000 towards the Regulation T call and $18,000 towards the maintenance call which covers both calls. This is a violation because both calls were active at the same time and satisfied by the sale.

To avoid the violation, you'd need to first deposit $10,000 to satisfy the Regulation T call. This partially covers the maintenance call as well, reducing the call amount to $6,000. You can then transfer $6,000 cash to your account or sell $20,000 in marginable securities to cover the maintenance call.

Steps to resolve liquidation violations

A liquidation violation can be canceled if cash or securities are deposited to satisfy both the maintenance call and the Regulation T call before the calls were originally due.

  • You'll need to bring in cash equal to the larger of the two calls, or deposit securities with sufficient loan value to satisfy both calls.

Tips to avoid liquidation violations

  • When both a Regulation T call and maintenance call are present, deposit cash to meet the Regulation T call.
  • Pay attention to trade warnings and avoid placing trades that will create a Regulation T call.

Footnote asterisk* This is not an exhaustive list of ways you could incur a violation.

When you purchase securities, you may pay for the securities in full, or if your account has been established as a margin account with the margin lending program, you may borrow part of the purchase price from Merrill. If you choose to borrow funds for your purchase, Merrill's collateral for the loan will be the securities purchased, other assets in your margin account, and your assets in any other accounts at Merrill. If the securities in your margin account decline in value, so does the value of the collateral supporting your loan, and, as a result, we can take action, such as to issue a margin call and/or sell securities in any of your accounts held with us, in order to maintain the required equity in your account. If your account has a Visa® card and/or checks, you may also create a margin debit if your withdrawals (by Visa card, checks, preauthorized debits, FTS or other transfers) exceed the sum of any available free credit balances plus available money account balances (such as bank deposit balances or money market funds). Please refer to your account documents for more information.

Before opening a margin account, you should carefully review the terms governing margin loans. For Individual Investor Accounts, these terms are contained in the Margin Lending Program Client Agreement. For all other accounts, the terms are in your account agreement and disclosures. It is important that you fully understand the risks involved in using margin. These risks include the following:

  • You can lose more funds than you deposit in the margin account. A decline in the value of securities that are bought on margin may require you to provide additional funds to us to avoid the forced sale of those securities or other securities in your account(s).
  • We can force the sale of securities in your account(s). If the equity in your account falls below the maintenance margin requirements or Merrill's higher "house" requirements, we can sell the securities in any of your accounts held by us to cover the margin deficiency. You also will be responsible for any shortfall in the account after such as sale.
  • We can sell your securities without contacting you. Some investors mistakenly believe that they must be contacted for a margin call to be valid, and that securities in their accounts cannot be liquidated to meet the call unless they are contacted first. This is not the case. We will attempt to notify you of margin calls, but we are not required to do so. Even if we have contacted you and provided a specific date by which you can meet a margin call, we can still take necessary steps to protect our financial interests, including immediately selling the securities without notice to you.
  • You are not entitled to choose which securities in your account(s) are liquidated or sold to meet a margin call. Because the securities are collateral for the margin loan, we have the right to decide which security to sell in order to protect our interests.
  • We can increase our "house" maintenance margin requirements at any time including on specific securities experiencing significant volatility and are not required to provide you advance written notice. These changes in our policy may take effect immediately and may result in the issuance of a maintenance margin call. Your failure to satisfy the call may cause us to liquidate or sell securities in your account(s).
  • You are not entitled to an extension of time on a margin call. While an extension of time to meet margin requirements may be available to you under certain conditions, you don't have a right to the extension.

If you have any questions or concerns about margin and the margin lending program, please contact the Merrill Investment Center at 855.332.5920.

MAP5822296-08022024

Investing in securities involves risks, and there is always the potential of losing money when you invest in securities.

Asset allocation, diversification, and rebalancing do not ensure a profit or protect against loss in declining markets.

Merrill, its affiliates, and financial advisors do not provide legal, tax, or accounting advice. You should consult your legal and/or tax advisors before making any financial decisions.

This material is not intended as a recommendation, offer or solicitation for the purchase or sale of any security or investment strategy. Merrill offers a broad range of brokerage, investment advisory (including financial planning) and other services. Additional information is available in our Client Relationship Summary (PDF).

Merrill Lynch, Pierce, Fenner & Smith Incorporated (also referred to as "MLPF&S" or "Merrill") makes available certain investment products sponsored, managed, distributed or provided by companies that are affiliates of Bank of America Corporation ("BofA Corp."). MLPF&S is a registered broker-dealer, registered investment adviser, Member Securities Investor Protection (SIPC) popup and a wholly owned subsidiary of Bank of America Corporation ("BofA Corp").

Merrill Lynch Life Agency Inc. (MLLA) is a licensed insurance agency and wholly owned subsidiary of BofA Corp.

Banking products are provided by Bank of America, N.A. and affiliated banks, Members FDIC and wholly owned subsidiaries of Bank of America Corporation.

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Merrill Edge - Trading Violations (2024)
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