Original questions written against the published FINRA and NASAA exam content outlines — not actual exam questions. Every choice is explained.
Ardenmoor Securities is deciding whether a security can settle through the clearing agency continuous net settlement system or must instead be settled directly between the two firms. What is the threshold condition for processing through that system?
- A.The security must be eligible for book-entry transfer at the depository and capable of being processed by the system.Correct. Netting is a book-entry operation, so depository eligibility is the precondition for everything else.
- B.The security must be listed on a national securities exchange.Wrong. Listing status governs where a security trades, not how a position in it can be moved at settlement.
- C.Both firms must belong to the same self-regulatory organization.Wrong. The membership that matters is participation at the clearing agency, and it need not run through any common SRO.
- D.The issuer must have appointed the depository as its transfer agent.Wrong. The depository holds positions on the books of the transfer agent; it does not replace the agent.
Why: Continuous net settlement is a book-entry system layered on a securities depository. A position can only be moved by netting entries if the security itself can move by book entry at the depository, so depository eligibility, plus the ability of the system to process the security, is the gate. Securities that fail that gate have to be settled between the two firms directly, which is the operational work the system was built to remove. Exchange listing, shared membership in a self-regulatory organization and the identity of the transfer agent have nothing to do with it.
Why does continuous net settlement reduce the total volume of securities and cash that must move on a given settlement date, compared to every trade settling bilaterally between its original two parties?
- A.Because every firm's purchases and sales in an issue are combined into one net figure before anything moves, so offsetting trades cancel out and only the net imbalance actually settles.Correct. Netting by issue collapses many gross obligations into one net obligation per firm, which is what reduces the total securities and cash that must actually move system-wide.
- B.Because CNS eliminates the need for firms to pay for securities they purchase, converting the cash leg into a periodic subscription fee instead.Wrong. CNS does not eliminate the cash leg of settlement; it nets the obligations, but net payment obligations still exist and still must be paid.
- C.Because CNS only processes odd-lot trades, which are inherently smaller than the round-lot trades settled bilaterally.Wrong. CNS is not limited to odd-lot trades; the reduction in movement comes from netting, not from trade size eligibility.
- D.Because CNS settles trades once a week instead of daily, spreading the same volume over fewer settlement cycles.Wrong. CNS operates on the standard daily settlement cycle; the reduction in movement comes from netting the obligations, not from a longer settlement interval.
Why: CNS combines every firm's purchases and sales in an issue into one net receive or deliver figure against the clearing corporation before anything has to move. Offsetting trades cancel out at that netting step, so only the net imbalance actually settles rather than the full gross amount of every individual trade that occurred that day.
On a single settlement date, Kestrel Securities has open CNS positions in the same issue arising from three separate trades: a purchase from Firm A, a sale to Firm B, and a purchase from Firm C. How does continuous net settlement present Kestrel's obligation for that issue?
- A.As one net receive or deliver obligation to the clearing corporation for that issue, combining all three trades.Correct. CNS nets every compared trade in an issue into a single position versus the clearing corporation, regardless of how many counterparties contributed to it.
- B.As three separate obligations, one to each of Firm A, Firm B and Firm C, netted only where the same counterparty appears twice.Wrong. Netting in CNS runs by issue against the clearing corporation, not counterparty by counterparty.
- C.As a net obligation to each counterparty, offsetting only trades executed on the same day.Wrong. CNS does not preserve counterparty identity once a trade is accepted for netting; day of execution is not the netting key either.
- D.As separate obligations by trade type, netting the two purchases together but keeping the sale distinct.Wrong. Purchases and sales in the same issue net against each other, not just against trades of the same type.
Why: Continuous net settlement nets every compared trade in a given issue -- regardless of which counterparty was on the other side -- into a single net long or net short position against the clearing corporation. A firm that bought from one counterparty, sold to a second, and bought again from a third in the same issue on the same date does not carry three separate counterparty obligations; novation already replaced each individual counterparty with the clearing corporation, so what remains is one net figure per issue. This is also why a firm's own settlement problems, or a single contra-firm's failure, do not automatically become the problem of every other counterparty who traded that issue that day.
A trade between Northgate Securities and Ellery Brothers is accepted into continuous net settlement and Northgate's resulting net position in the issue does not close out on settlement date. Does Northgate need to send Ellery Brothers a buy-in notice to resolve the open position?
- A.No -- Northgate's open position is against the clearing corporation, which manages the netted fail through its own procedures rather than through bilateral notice to the original trade counterparty.Correct. Novation already severed Northgate's contractual relationship with Ellery Brothers for this trade, so remedies run through the clearing corporation's netted position, not bilateral notice to a counterparty that no longer holds the obligation.
- B.Yes -- Ellery Brothers remains the contractual counterparty of record, so notice must go there before any remedy is available.Wrong. Novation replaced Ellery Brothers as the counterparty at the point the trade was accepted for guarantee; Northgate's obligation runs to the clearing corporation.
- C.Yes, but only if Ellery Brothers was the original seller rather than the original buyer on the trade.Wrong. Which side of the original trade Ellery Brothers was on has no bearing here, since novation removed Ellery Brothers from the obligation entirely.
- D.No, because CNS positions cannot remain open past settlement date under any circumstance.Wrong. CNS positions can and do remain open past settlement date; the point is how they are resolved, not that they never occur.
Why: Novation already severed Northgate's contractual relationship with Ellery Brothers the moment the trade was accepted for guarantee into CNS. The open position that remains is Northgate's net position against the clearing corporation, which manages unresolved netted fails through its own procedures. Sending a bilateral buy-in notice to Ellery Brothers would be directed at a firm that no longer holds any obligation on this trade.
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