ProShares announcement: it was the ban.

ProShares Announcement
Friday September 19, 11:25 am ET

BETHESDA, Md.–(BUSINESS WIRE)–Due to the emergency action announced by the Securities and Exchange Commission on September 18, 2008, temporarily prohibiting short sales of shares of certain financial companies, Short Financials ProShares (SEF) and UltraShort Financials ProShares (SKF) are not expected to accept orders from Authorized Participants to create shares until further notice. Unless notified otherwise, shares will be available for redemption by Authorized Participants as normal. The shares of these ProShares are expected to trade in the financial markets today, but may trade at prices that are not in line with their intraday indicative values.

No more SKF for me, ever. I’m on an accelerated schedule to get out of the rest of my short ETFs. Too many wild cards, not enough disclosure.

Long-term puts only from now on. I had hoped to hold onto the ETFs until we started to really plunge, because I had figured market functions would hold up that long, but we are apparently on an express train to Animal Farm.

I wonder how many others feel the same? I bet this week’s shenanigans are going to put a lot of people off the markets entirely. All they have done is burn a few shorts and set the markets up for a rapid retracement of the last 900 Dow points, plus give or take a couple thousand to the downside.

Markets don’t drop because of shorts (though shorts can drive them up fast). Markets drop with the scales off of longs’ eyes.

Short selling ban should not affect short ETFs

My understanding is that these ETFs do not actually engage in plain-vanilla short selling, but use options, futures, forward contracts and swap agreements in order to perfectly track their respective indexes. The ProShares ETFs that I have been watching lately have been doing a good job of operating exactly as advertised, providing twice the inverse of the indexes on a daily basis. I expect them to continue to do so, and believe that their vital risks are still counterparty defaults and government meddling in the derivatives markets.

Page 7 of the ProShares prospectus (PDF) has a rundown of strategies employed by its short funds.

MarketWatch reports that ProShares ETFs have seen massive volume this week, especially SKF, the double short financial ETF, which benefited from earlier naked shorting restrictions.

This is one heck of a rally. Dow futures are up 347 points on top of a 600 point rise from the intraday low yesterday afternoon. This is a gift for shorts using means other than plain short sales, since it sets us up for a spectacular failure, financials included.

Counterparty risk too acute in short and levered ETFs?

Trading was suspended in London this week for some vehicles issued by ETF Securities, because the funds relied on counterparty arrangements with AIG (Reuters). The dirty little open secret of levered and short ETFs, and many others, is that they rely on swaps to get that near-perfect tracking of their underlying indexes.

“LONDON, Sept 16 (Reuters) – Some banks and brokerages ceased making markets in commodity securities backed by matching contracts from troubled insurer American International Group Inc … on Monday afternoon, ETF Securities said on Tuesday.

The affected securities are known as exchange traded commodities (ETCs).

ETF Securities said on its website it was “actively working on possible ways of providing investors with liquidity” — including arranging suitable collateral for market-makers.

As of this evening, ETF Securities was reporting that it was an apparent beneficiary of AIG’s nationalization:

AIG confirmed that last night there was an announcement by the Federal Reserve Board, that the Federal Reserve Bank of New York is providing a two-year, $85 billion secured revolving credit facility to AIG that will ensure the company can meet its liquidity needs.

AIG has continued to honour all of its obligations under our agreements with them, including processing all creations and redemptions in the usual manner and paying all redemptions due on time.

Like money market funds breaking the buck, this is one more risk that few investors have ever thought possible. Popular issuer ProShares spells it out in their prospectus (my underlining):

Swap Agreements Swap agreements are two-party contracts entered into primarily by institutional investors for a specified period ranging from a day to more than one year. In a standard “swap” transaction, two parties agree to exchange the returns (or differentials in rates of return) earned or realized on particular predetermined investments or instruments. The gross returns to be exchanged or “swapped” between the parties are calculated with respect to a “notional amount,” e.g., the return on or increase in value of a particular dollar amount invested in a “basket” of securities representing a particular index. The Funds are subject to credit or performance risk on the amount each Fund expects to receive from swap agreement counterparties. A swap counterparty default on its payment obligation to a Fund may cause the value of the Fund to decrease.

Now, swaps are not the only assets of these ETFs, so they may not go to zero in a counterparty default, but we don’t know exactly what fraction of a given fund is at risk. Nor do we know who the counterparties are in all of the ETFs. ProShares keeps their counterparties a secret, though they did assure us this week that Lehman and AIG were not among them.

Back to analog

Seeing as all major investment banks are on the ropes, it may be time to think about other ways to go short, such as old-fashioned short selling or buying puts. I’m a fan of LEAPS puts for a number of reasons, including the greater default protections of the options market.

Jury-rigs

It is worth mentioning that there are some work-arounds possible with levered ETFs that mitigate counterparty risk: shorting a levered long ETF or buying puts on a short ETF that you are long. Or you could allocate a small amount of capital to calls on a levered short ETF to limit your losses in case of default.

Why not more disclosure?

If ProShares or other issuers are implementing measures to eliminate counterparty risk, they should be forthright about it, otherwise we have to fear the worst. Is there more than one swap counterparty per fund? Just how much of each fund relies on uncollateralized swaps? How often is collateral rebalanced? If it is done daily, I would be OK with that. No biggie to lose out on one day’s gains, even a big day — I just don’t want to lose the whole wad.

We are entering uncharted waters here, and trust is in short supply for good reason.