What is Good Faith Violation? How to avoid it [+ Examples] - Public.com (2024)

Table of Contents:

1. What is a good faith violation?
2. What is settled cash?
3. Examples of a good faith violation
4. Avoiding a good faith violation
5. The bottom line

Have you ever wondered if there were any rules for trading or how you can steer clear of violations? Well, the answer is simple. When it comes to trading, just like driving, there are some rules that are good to know about so you won’t get a ticket.

What is a good faith violation?

A good faith violation is when you buy a security on margin (a.k.a. with borrowed money), then sell it for cash before you’ve paid for the stock with “settled funds.”

A good faith violation can result in trading restrictions depending on your brokerage’s rules.

You may be wondering what exactly constitutes settled funds? Settled funds are when the sale of stock has fully cleared, and that cash is now available for use in your account. Only the cash or the earnings from a security that is paid in full counts as settled cash.

Remember, it’s important to know that there are always risks involved when investing in the stock market. However, learning about the steps to investing can help keep you in “good faith.”

Key Takeaways:

• A good faith violation occurs when you purchase stock and sell it before the funds used from your initial purchase are fully settled.
• A cash account allows you to purchase securities from the cash available in your account or from the settled funds resulting from fully paid for securities.
• A margin account is similar to a loan in that you borrow money from your brokerage to purchase securities. When using a margin account, the money borrowed from your brokerage accrues interest.
• Settled cash is the amount of cash that you have available in your account resulting from fully paid for securities.
• Cash available to trade is the amount of money that is readily available in your account that you can use to purchase securities.
• If you receive 3 good faith violations in a 12-month period, your cash account will be restricted for 90 days.

The best way to avoid good faith violations is by only trading with settled funds.

Margin account vs. cash account

When opening an account at a brokerage, you are given the option to open two types of accounts, a cash account and/or a margin account. A cash account in trading is similar to a checking account, where you are able to buy securities with cash you have available in your account or from the settled funds resulting from fully paid for securities. However, a margin account, comparable to a credit card, is where you borrow money from your brokerage to purchase securities. When using a margin account, the money borrowed or loaned from your brokerage accrues interest.

Trading with a cash account can result in a good faith violation if you are misusing the cash available to trade in your account, and it can also present other risks. Some of these risks include:

• The possibility of getting other violations, such as a freeriding violation or a cash liquidation violation.
• It can limit you from purchasing additional securities if you don’t have the cash to account for those purchases.
• It doesn’t support the purchase of all securities.

Good faith violations are not associated with margin accounts. However, there are other risks to keep in mind as an investor when using these types of accounts. Margin account risks can include:

• Your loan accruing interest.
• Losing more money than you invested.
• Your brokerage can sell off your securities to account for what you owe without warning if the equity in your account falls below the margin requirement.

Although not all securities are available to purchase with a cash account, there’s an extensive list of what you can purchase, including stocks, bonds, mutual funds, index funds, exchange-traded funds (ETFs), real estate investment trusts (REITs), and more. A margin account gives an investor access to short selling, futures, advanced option trades, etc. As an investor, weighing the benefits and risks of both accounts can help you make the appropriate decisions for your investment portfolio.

Now let’s move on to the differences between cash available to trade vs. settled cash.

What is settled cash?

Settled cash vs. cash available to trade

What does settled cash mean? Settled cash is the amount of cash that you have available in your account resulting from fully paid for securities. Once the cash has settled in your account, you can use this money to withdraw or purchase or sell securities. Simply using the settled cash in your account will not result in a good faith violation. However, if you were to use funds that weren’t settled or were pending, it could result in a good faith violation. Cash available to trade is the amount of money that is readily available in your account that you can use to purchase securities. This cash in your account can be used immediately to make purchases.

As an investor, you can refer to the settlement date when trading to avoid cash account violations. The settlement date is the date when a security trade is completed along with the transfer of cash and assets. This means that after purchasing a security, this is the date that finalizes when you, as a buyer, will make a payment to the seller. The seller will then transfer the securities that you purchased to you. Normally, an investor’s brokerage account will automatically transfer the owed amount to the seller on the settlement date. This is why having the necessary funds in your cash account to cover your purchase is important. The settlement date can also be defined as the trade date plus 2 business days (T+2). This means that if you were to purchase stock on a Tuesday, then the settlement date would be on Thursday. However, not all markets use T+2 and may have other settlement dates such as T+1 or T+3. Understanding how stocks work and how to steer clear of violations can help avoid common mistakes when trading.

Examples of a good faith violation

Good Faith Violations (GFV) can be a little tricky, so let’s review with a couple of examples.

Good faith violation example 1:

• Let’s say your cash available to trade is $500 of settled cash.
• On Tuesday morning you purchase $500 worth of XYZ stock.
• On Tuesday afternoon, you sell XYZ stock for $1,000.

At this point, you will not receive a good faith violation because you have enough settled cash in your account to purchase XYZ stock. Now let’s see how using this same scenario would result in a good faith violation if you continue past this point.

Good faith violation example 2:

• Later that Tuesday, you purchase $1,000 worth of ABC stock.
• On Wednesday morning, you sell ABC stock.

This would result in a good faith violation because you sold ABC stock before your sale of XYZ stock on Tuesday became available in settled funds for you to properly pay for the purchase of the ABC stock. However, if you waited for a settled cash balance or the settlement date, in this case, Thursday, you could have avoided a GFV.

Good faith violation penalties

Now that you are familiar with good faith violations, you may wonder if there are any penalties when receiving one. The short answer is yes, but let’s explain. Good faith violations penalties consist of the following:

• If you receive 3 good faith violations in a 12-month period, your cash account will be restricted for 90 days.
• Your brokerage will only allow you to purchase stocks if there’s fully settled cash in your account prior to trading.

So, the question is, how can you avoid a good faith violation?

Avoiding a good faith violation

The best way to avoid a good faith violation is by trading only with settled cash and steering clear of trading with unsettled funds. Before trading, it’s good to make sure that the cash in your account will cover your purchase. In addition, if you do decide to sell stock after your initial purchase, make sure that you have waited for the settlement date.

When signing up for a brokerage account, it’s also good practice to review the policies that are specific to your brokerage. Additionally, in the case your brokerage faces difficulties, the Securities Investor Protection Corporation (SIPC) may protect you from the loss of cash or securities from your brokerage account.

A good faith violation is one of many risks that come with day trading or investing in the stock market. However, learning how to invest in stocks will help you make thoughtful decisions as an investor.

The bottom line

Good faith violations, amongst other things, are risks you take when investing. However, understanding what they are and how to avoid them can help create good investing habits. If you are unsure if a certain action will result in a good faith violation, be sure to review the policies or check with a professional at your brokerage to help give you peace of mind. To learn more and to take the first step toward investing, download the Public App today!