A Monday Morning Musing from Mickey the Mercenary Geologist
February 17, 2020
Over the past several years, I have written and spoken extensively about the dysfunctional business model employed by TMX Group Ltd (TMX), a public company listed and traded on the Toronto Stock Exchange (TSX).
In my opinion, TMX Money has significant conflicts of interest because it is the owner, manager, and regulator of the microcap to large cap Toronto Stock Exchange (TSX) and the nanocap junior TSX Venture Exchange (TSXV).
TMX Group’s share price is obviously driven, as is every publicly-listed company, by net revenues and net cash flow. As the owner, manager and regulator of these stock market exchanges, it generates a significant amount of both revenues and cash flow via the collection of compliance, listing, reporting, and trading fees from the very stocks that it purports to manage and regulate.
In that regard, the TSXV allows hundreds of inactive companies with large negative working capital positions to remain on the board and trade. There is absolutely no reason for this except to generate additional revenues from listing and compliance fees.
All this said, today’s missive is focused on a trading issue that has been an increasing problem over the past several years. The issue has only recently come to the forefront as the junior resource industry emerges from a long bear market and specific gold stocks have started to run up.
The problem is naked short selling, which is the arguably illegal practice of selling a stock short without first borrowing shares or ensuring that the shares can be borrowed as is required for short sales.
In 2012, the Investment Industry Regulatory Organization of Canada (IIROC) and the regulator of this regulator, the Canadian Securities Association (CSA), removed a 142-year old trading rule known as the “tick test”. The tick test restricted short selling to positive or neutral transactions and expressly prohibited shorting on negative trades, i.e., on the downtick.
This in industry parlance is known as the “uptick rule”.
Since this long-standing rule was changed in 2012, naked short selling combined with trading by high-frequency and algorithmic computer programs has wreaked havoc on the junior resource sector
With characteristic shortsightedness, the oft-ineffectual IIROC ruled the expanded short selling rule would not only be applied to the main listings of the TSX Venture Exchange but equally across all Canadian trading venues. This relaxation of regulations resulted in an explosive growth of alternative trading platforms, which according to TMX, now number 14. Most of them are so-called “dark” exchanges that are opaque to the regular market.
Since then, the Canadian equities market has evolved into a plethora of trading locations and spawned a burgeoning dynamic where high-frequency, algorithmic trading dominates daily volumes.
Predatory short sellers have been able to exploit the lack of an uptick rule and this has proven to be especially detrimental to the largely illiquid nanocap juniors. In addition, the multiple trading platforms have severely reduced the main Venture Exchange’s ability to effect any change because its trades now constitute only about 50% of total daily volumes.
In mid-November of 2019, an advocacy group called Save Canadian Mining (SCM) was formed by junior company entrepreneur Terry Lynch. It called on the CSA and IIROC to reinstitute the tick test and/or ban short-selling of stocks with less than $250 million market capitalization. This is the lobbying organization’s initial press release: Junior Mining Sector Responds to Predatory Short Selling; Launches “Save Canadian Mining”.
According to the release, SCM has the support of many prominent voices in the exploration, mining, and investment community including: Brady Fletcher, Managing Director of the TSX Venture Exchange; Eric Sprott of Sprott Mining; Garry Clark, Executive Director of the Ontario Prospectors Association; and Chris Hodgson, President of the Ontario Mining Association.
It has also attracted yours truly along with other newsletter writers and analysts, numerous junior CEOs, media organizations, and investor relations firms.
My anecdotal evidence from trading junior resource stocks over the past eight years indicates:
Over the past nine months, I have observed repeated naked short attacks on three microcap to nanocap juniors in which I hold positions. In each instance, the attacks were eventually repelled by market makers that the companies hired or by high net worth investors who entered large multiple bids at premiums to the shorts’ small bids and recent trades. Their actions resulted in short squeezes and the attacks ceased after two or three attempts.
So long story short, these bad actors can be busted. A concerted effort backed by significant financial resources is necessary. My list of general requirements includes:
Folks, the bandwagon is growing and we are beginning to see progress on this critical issue. It is the group’s position that reinstatement of the uptick rule and/or banning of short selling stocks with a market cap of less than $250 million is required to return to a healthy nanocap venture capital market. That will allow small, diligent retail investors to once again play on a fair and level field and to profit from smart and timely trading.
If you are in agreement with this platform or would like to learn more before signing on, here’s the website link again: Save Canadian Mining.
For more information on the TSX Venture Exchange’s progress on this and other junior equity issues, see its 2019 Roundtable from last March that features comments and recommendations from 19 participants representing a cross-section of our business.
Ciao for now,
Mickey Fulp
Mercenary Geologist
The Mercenary Geologist Michael S. “Mickey” Fulp is a Certified Professional Geologist with a B.Sc. in Earth Sciences with honor from the University of Tulsa, and M.Sc. in Geology from the University of New Mexico. Mickey has 40 years of experience as an exploration geologist and analyst searching for economic deposits of base and precious metals, industrial minerals, uranium, coal, oil and gas, and water in North and South America, Europe, and Asia.
Mickey worked for junior explorers, major mining companies, private companies, and investors as a consulting economic geologist for over 20 years, specializing in geological mapping, property evaluation, and business development. In addition to Mickey’s professional credentials and experience, he is high-altitude proficient, and is bilingual in English and Spanish. From 2003 to 2006, he made four outcrop ore discoveries in Peru, Nevada, Chile, and British Columbia.
Mickey is well-known and highly respected throughout the mining and exploration community due to his ongoing work as an analyst, writer, and speaker.
Contact: Contact@MercenaryGeologist.com
Disclaimer and Notice: I am not a certified financial analyst, broker, or professional qualified to offer investment advice. Nothing in any report, commentary, this website, interview, and other content constitutes or can be construed as investment advice or an offer or solicitation or advice to buy or sell stock or any asset or investment. All of my presentations should be considered an opinion and my opinions may be based upon information obtained from research of public documents and content available on the company’s website, regulatory filings, various stock exchange websites, and stock information services, through discussions with company representatives, agents, other professionals and investors, and field visits. My opinions are based upon information believed to be accurate and reliable, but my opinions are not guaranteed or implied to be so. The opinions presented may not be complete or correct; all information is provided without any legal responsibility or obligation to provide future updates. I accept no responsibility and no liability, whatsoever, for any direct, indirect, special, punitive, or consequential damages or loss arising from the use of my opinions or information. The information contained in a report, commentary, this website, interview, and other content is subject to change without notice, may become outdated, and may not be updated. A report, commentary, this website, interview, and other content reflect my personal opinions and views and nothing more. All content of this website is subject to international copyright protection and no part or portion of this website, report, commentary, interview, and other content may be altered, reproduced, copied, emailed, faxed, or distributed in any form without the express written consent of Michael S. (Mickey) Fulp, MercenaryGeologist.com LLC.
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