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Friday, May 09, 2008
Striker Disclosure Statement
For purposes of this statement, a "day-trading strategy" means an
overall trading strategy characterized by the regular transmission by a customer
of intra-day orders to effect both purchase and sale transactions in the
same security or securities.
Day trading can be extremely risky. Day trading generally is not appropriate
for someone of limited resources and limited investment or trading experience
and low risk tolerance. You should be prepared to lose all of the funds
that you use for day trading. In particular, you should not fund day-trading
activities
with retirement savings, student loans, second mortgages, emergency funds,
funds set aside for purposes such as education or home ownership, or funds
required to meet your living expenses. Further, certain evidence indicates
that an investment of less than $50,000 will significantly impair the ability
of a day trader to make a profit. Of course, an investment of $50,000 or
more will in no way guarantee success.
Be cautious of claims of large profits from day trading. You should be
wary of advertisements or other statements that emphasize the potential
for large
profits in day trading. Day trading can also lead to large and immediate
financial losses.
Day trading requires knowledge of securities markets. Day trading requires
in-depth knowledge of the securities markets and trading techniques
and strategies. In attempting to profit through day trading, you must compete
with professional,
licensed traders employed by securities firms.
Day trading requires knowledge of a firm's operations. You should be
familiar with a securities firm's business practices, including the
operation of
the firm's order execution systems and procedures. Under certain market
conditions,
you may find it difficult or impossible to liquidate a position quickly
at a reasonable price. This can occur, for example, when the market
for a stock
suddenly drops, or if trading is halted due to recent news events or
unusual trading activity. The more volatile a stock is, the greater
the likelihood
that problems may be encountered in executing a transaction. In addition
to normal market risks, you may experience losses due to systems failures.
Day trading will generate substantial commissions, even if the per
trade cost is low. Day trading involves aggressive trading, and generally
you
will pay
commission on each trade. The total daily commissions that you pay
on your trades will add to your losses or significantly reduce your
earnings.
For
instance, assuming that a trade costs $16 and an average of 29 transactions
are conducted
per day, an investor would need to generate an annual profit of $111,360
just to cover commission expenses.
Day trading on margin or short selling may result in losses beyond
your initial investment. When you day trade with funds borrowed
from a firm
or someone
else, you can lose more than the funds you originally placed at
risk. A decline in
the value of the securities that are purchased may require you
to provide additional funds to the firm to avoid the forced sale of
those securities
or other securities
in your account. Short selling as part of your day-trading strategy
also may lead to extraordinary losses, because you may have to
purchase a
stock at a
very high price in order to cover a short position.
Persons providing investment or trading advice for others or managing
securities or futures accounts for others may need to register
for securities as either
an "Investment Advisor" under the Investment Advisors
Act of 1940’, "Broker" or "Dealer" under
the Securities Exchange Act of 1934, or for futures as a “Commodity
Trading Advisor” under the Commodity Exchange Act of 1974.
This disclosure is being provided to you by Striker in order
to provide you with some basic facts about purchasing securities
on
margin,
and to alert
you to the risks involved with trading securities in a Margin
Account. Before trading
stocks in a Margin Account, you should carefully review the
section entitled “Margin
Accounts” in the Customer Agreement provided to you.
Please call Striker if you have any questions or concerns
with your Margin Account.
When you purchase securities, you may pay for the securities in full or you
may borrow part of the purchase price from Striker’s Clearing Broker.
If you choose to borrow funds from our Clearing Broker, Striker will open a
Margin Account for you with the Clearing Broker. The securities purchased are
the Clearing Broker’s collateral supporting your loan, and, as a result,
the Clearing Broker can take action, such as issue a margin call and/or sell
securities in your Account(s), in order to maintain the required equity in
your Account(s).
It is important that you fully understand the risks involved in trading securities
on 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 purchased on margin may require you to
provide additional funds to the Clearing Broker to avoid the forced sale of
those securities or other securities in your Account(s).
Clearing Broker can force the sale of securities or other assets in
your Account(s).
If the equity in your Account(s) falls below the maintenance margin requirements
under the law, or the Clearing Broker’s higher “house” requirements,
the Clearing Broker can sell the securities in your Account(s) to cover the
margin deficiency. You also will be responsible for any shortfall in your Account(s)
after such a sale.
Striker or the Clearing Broker can sell your securities or other assets
without contacting you. Some investors mistakenly believe that a firm must contact
them for a margin call to be valid, and that a firm cannot liquidate securities
in their Account(s) to meet the call unless the firm has contacted them first.
This is not the case. Most firms will attempt to notify their customers of
margin calls, but they are not required to do so. However, even if a firm
has contacted a customer and provided a specific date by which the customer
can
meet a margin call, the firm can still take necessary steps to protect its
financial interest, including immediately selling the securities without
notice to the customer.
You are not entitled to choose which securities or other assets in
your Margin Account(s) are liquidated or sold to meet a margin call. Because the securities
are collateral for the Margin Loan, Striker or the Clearing Broker has the
right to decide which security to sell in order to protect its interests.
Clearing Broker can increase its “house” maintenance margin requirements
at any time and is not required to provide you with advance written notice. These changes in the Clearing Broker’s policy often take effect immediately
and may result in the issuance of a maintenance margin call. Your failure to
satisfy the call may cause the Clearing Broker 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 customers under certain
conditions, a customer does not have a right to the extension.
In order for you to have electronic access for listed option order entry,
all applicable rules and regulations must be followed, and you may not
engage in
any conduct that would circumvent or violate such rules. The following are
examples of rules that apply to listed options trading and that must be complied
with. If you have any questions or concerns about the following, please contact
your registered representative.
(1) RESTRICTION ON COMPUTER GENERATED ORDERS:
Every exchange with the exception of the Pacific Stock Exchange (“PCX”)
restricts the entry of computer-generated orders. (On the PCX such orders are
allowed but must be coded as “CG” orders so that they are not given
the same handling as other order types.) Some human or “manual” intervention
MUST be involved in the initiating of the option order prior to its entry electronically
for exchange routing. Failure to comply with this obligation is viewed as a
serious circumvention of the exchanges’ rules, as such failure affects
the specialists’ ability to update their markets. We are allowed to route
orders electronically to the various exchanges contingent on abiding by this
rule as well as all exchange, NASD and/or SEC rules.
(2) SIMULTANEOUS BUY AND SELL LIMIT ORDERS:
Customers are prohibited from placing simultaneous or near simultaneous
buy and sell limit orders in the same option series in contravention
of exchange
rules. Such conduct is inappropriate and is deemed to be disruptive of
an orderly market. By the placement of simultaneous or near simultaneous
buy
and sell
limit orders which remain pending in the marketplace, customers may be
deemed to be acting in the capacity of market makers in contravention
of exchange
rules.
When entering simultaneous buy and sell limit orders in the same security
or option series, one of the orders must be canceled unless one of
the orders is executed before entry of the other. Such practice is designed
to prevent
any appearance of maintaining a regular or continuous two-sided market,
which may only be maintained by a qualified market maker.
For example:
Market Quote = 3.10 bid, 3.20 offer
Customer enters a limit order to buy @ 3.11 and sell @ 3.19. The buy
order is cancelled within 10 seconds after entry of the sell
order. Hence, for
a period of 10 seconds there was a live bid and offer made by
the same trader or account in the same option series. The exchanges are
likely
to consider
this “making a two-sided market” in contravention
of exchange and SEC rules by a party NOT registered to act as
a market maker.
(3) UNBUNDLING OF ROUND LOTS:
It is against exchange rules for customers to un-bundle round
lot marketable orders (i.e., market orders or marketable limit
orders)
into odd lot
orders in order to effect electronic executions on the exchange
through the exchange’s
automatic execution facilities. This same rule applies on ALL option and securities
exchanges. The exchanges consider it to be a serious violation to break up
a larger order into smaller lots to take advantage of the automatic execution
systems that are intended to service small lot retail customer orders.
Example: Breaking a 100-share order into two 50-share orders
The incentive for a customer to un-bundle a round lot order
is that an odd lot will receive immediate execution through
an automatic
execution system
without altering the market. Such a practice is inappropriate
and in contravention of exchange rules.
(4) 15-SECOND RULE:
With the exception of the International Securities Exchange,
all option exchanges currently restrict multiple orders on
the same
side of the
market (i.e.,
buy call/sell put or sell call/buy put) entered on behalf
of the same account and/or
same beneficial owner within 15 seconds for the same option
class.
(5) ISE option rule 717 (c) (1)
For option orders for size of less than 10 contracts, clients
are prohibited from entering into the system, within 30
seconds, multiple
orders by
the same account and/or trader in the same option series.
ISE rule 717 restricts
such
conduct as it is an unfair practice that forces the primary
market maker to be responsible for the number of contracts
necessary
to post a 10-up
market according to his quoting obligation when such a
market was based on a customer’s
order for size less than 10 contracts.
Striker wants to advise you of two specific risks associated
with online trading activities generally:
1. Fast Markets
A fast market is a high-volume trading session marked by extreme price fluctuations
and order imbalances resulting from numerous investors entering buy or sell
orders for the same security simultaneously. Because of these imbalances,
wide price variances in short periods of time are common. On any given day,
fast markets can affect a particular security, groups of securities or the
market as a whole. Fast markets can be caused by material news announcements,
market developments and even trading halts taking place in less volatile
securities. The ability to execute orders in fast market conditions may be
severely limited, and order execution may be delayed significantly. Furthermore,
market orders entered in fast market conditions may be executed at prices
that are significantly different from the prices quoted at the time the orders
were entered. Please bear these factors in mind when routing market orders
through Striker.
2. Use of Automated Systems
Striker, through its Clearing Firm, utilizes a variety of automated order entry
and order routing systems and technologies. These systems and technologies
greatly enhance our ability to transmit your orders promptly, to compare
prices across markets and to minimize the likelihood of errors. However,
these systems and technologies also are subject to periodic disruption, failure
or interruption. While we strive to utilize systems and technologies that
are reliable and to make alternative systems or technologies available to
you in the event of such an occurrence, you should be aware that your ability
to promptly execute your orders could be adversely affected if such disruption,
failure or interruption were to occur.
Risk of Higher Volatility. Volatility refers to the changes in price that
securities undergo when trading. Generally, the higher the volatility
of a security, the
greater its price swings. There may be greater volatility in extended
hours trading than in regular market hours. As a result, your order may
only
be partially executed, or not at all, or you may receive an inferior
price in
extended hours
trading than you would during regular market hours.
Risk of Changing Prices. The prices of securities traded in extended
hours trading may not reflect the prices either at the end of regular
market
hours, or upon the opening the next morning. As a result, you may receive
an inferior
price in extended hours trading than you would during regular market
hours.
Risk of Unlinked Markets. Depending on the extended hours trading system
or the time of day, the prices displayed on a particular extended hours
trading system may not reflect the prices in other concurrently operating
extended
hours trading systems dealing in the same securities. Accordingly,
you may receive an inferior price in one extended hours trading system
than
you would
in another extended hours trading system.
Risk of News Announcements. Normally, issuers make news announcements
that may affect the price of their securities after regular market
hours. Similarly,
important financial information is frequently announced outside of
regular market hours. In extended hours trading, these announcements
may occur
during trading, and if combined with lower liquidity and higher volatility,
may
cause an exaggerated and unsustainable effect on the price of a security.
Risk of Wider Spreads. The spread refers to the difference in price
between what you can buy a security for and what you can sell it
for. Lower liquidity
and higher volatility in extended hours trading may result in wider
than normal spreads for a particular security.
The risk of loss in trading of penny
stocks can be substantial. Striker does not provide investment advice, recommendations,
tax advice or
legal advice
regarding the suitability of penny stocks, a particular execution
venue or the profitability of a transaction or investment.
Penny stocks can be very risky. Trading in penny stocks may result in the
loss of part or all of your investment. Because
of significant
volatility,
large
dealer spreads and very limited market liquidity, you understand
that typically
you will not be able to sell a penny stock immediately
back to the dealer at the same price it sold the stock to you.
In some
cases,
the stock
may fall
quickly in value. Likewise, prices often are not available.
Penny
stocks are low-priced shares of small companies not traded on an exchange
or quoted on NASDAQ. Generally, a
penny stock
is a security
that:
- Is priced under five dollars;
- Is not traded on a national stock exchange
or on NASDAQ (the NASD’s
automated quotation system for actively traded
stocks);
- May be listed in the “pink sheets” or the NASD
OTC Bulletin Board;
- Is issued by a company that has less than $5 million
in net tangible assets and has been in business less than 3 years,
by a company that has under $2
million in net tangible assets and has been in
business for at least three years, or by a company that has revenue of $6 million
for 3 years
The Striker Web site contains or
may contain references and links to other companies and/or their Web sites
(including Web sites
owned and
operated
by Striker affiliates, none of which is under
the control of Striker, even if
such other company is an affiliate of Striker.
Striker makes no representations, warranties or endorsements whatever
about
any
other Web sites to
which you may have access through the Striker
Web site (whether or not the
other Web
site belongs to an affiliate of Striker), or
any products or services of those other companies (whether or not they
are
affiliates of
Striker), even if the
products or services of those other companies
or their Web sites are described
or offered on the Striker Web site or integrated
with Striker’s
products or services.
This Web site is controlled by Striker from
its offices within the State of Illinois, United
States of America.
By accessing
this site,
you and
Striker agree that all matters relating to
your access to, or use of, this site shall
be governed by the statutes and laws of the
State of Illinois, without regard to the conflicts
of laws principles
thereof.
Striker makes
no representation that materials on this
site are appropriate or available
for use in other
locations,
and accessing them from territories where
their content is illegal is prohibited. Those who
choose to access
this site
from other
locations do so at their
own initiative and are responsible for compliance
with local laws.
Please go to: http://www.nfa.futures.org/compliance/sfp_disclosure.pdf
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