CHAPTER XI

FAILURES

When a member of the Stock Exchange cannot fulfil his engagements, even

if his position is brought about through no fault of his own, but by the

default, say, of an important client, he may command much sympathy from

his fellow-members, but this sympathy must not take practical form.

Sometimes he does receive aid, but if so it is attended with

considerable risk both to himself and to those who aid him, for the

rules of the institution are most strict on the subject. The idea is, of

course, that no member who is insolvent shall be encouraged to struggle

against fate, for such a struggle usually means a plunge into wild

speculation, making the last state of the Lame Duck worse than the

first. When a member of the Stock Exchange finds that a fellow-member,

who is his debtor, cannot meet his engagements, it is his duty, far from

giving him time or any other consideration, to report the fact to a

member of the Committee, and with the utmost celerity inquiry is made

into the truth of the statement, and the insolvent member is immediately

declared a defaulter. The news of insolvency is, as a matter of fact,

very frequently communicated to the Committee by the unfortunate member

himself, so that it does not fall upon his creditors to perform the

unpleasant task.

The process of declaring a defaulter is called "hammering," because the

Stock Exchange waiter, to whom a written announcement is handed, strikes

the desk of his rostrum three times with his hammer to call the

attention of those present to the dread announcement which he then reads

out. As a matter of fact, two waiters perform the ceremony

simultaneously in different parts of the House.

The member who is thus declared a defaulter loses his membership, and

for all practical purposes he becomes in the eye of the Stock Exchange a

bankrupt, his Stock Exchange estate being taken over by the two

functionaries called the Official Assignees. He is by no means a

bankrupt, however, in the ordinary sense of the term. His creditors in

the Stock Exchange never make him a bankrupt legally, preferring, of

course, their own arrangements for dividing the estate. Any outside

creditor might obviously make him a bankrupt in accordance with the law

of the land, but as a member of the Stock Exchange is not allowed to

carry on any other business, his liabilities outside the House are

usually insignificant compared with those within it. On the other hand,

it is possible, although very unusual, for a member to be made bankrupt

by outsiders, quite apart from his Stock Exchange engagements, in which

case he ceases to be a member.

When a member is declared a defaulter, all bargains which he has open

with other members are immediately reversed at the price ruling at the

time of the declaration of the default, which is called the

"hammer-price."

Suppose the defaulter has sold £100 stock to A at 95, and the

hammer-price is 93, A must sell the stock back for £93, and rank as a

creditor to the estate for the difference of £2. Suppose the defaulter

has also bought £100 stock from B at £95, and the hammer-price is 93, B

must buy the stock back for £93, and hand over the difference of £2 to

the estate. In this way all outstanding bargains are cleared out of the

way, and the Official Assignees, in their administration of the estate,

have merely to pay as big a dividend as they can on the differences out

of the debtor's assets.

Supposing the defaulter to be a jobber, and an outsider has sold £100

stock to him, through a broker of course, at 95. As it has fallen to 93

the jobber owes the outsider a difference of £2, and that outsider

should in theory rank as a creditor for the amount. He would not, of

course, lose any part of his stock, which he does not deliver, but his

attempt to sell the stock has been rendered ineffective; and even if he

was operating as a Bear, he has to rank as a mere creditor for the

profit he would have pocketed had the jobber with whom he was dealing

not failed. The outsider trusted his broker rather than the jobber of

whom he knew nothing, and may feel it a hardship that his order has not

been executed, or that he does not receive straight away the profit

which he has made. To his mind the credit of the Stock Exchange and all

connected with it have sunk to a low level. For such reasons as these,

especially if the client is a good one, the broker, in practice, usually

deems it expedient to bear the loss himself, and to hand over the

profit. Outsiders are not often allowed to suffer by reason of failures

of members of the Stock Exchange.

In the case where it is a broker and not a jobber who fails, the clients

stand to be affected still less by the failure. The bargains open are

between the clients on the one hand and the jobbers on the other, the

broker being a mere agent or intermediary. The bargains are completed in

the ordinary way without the further intervention of the broker, or

another broker is selected to complete them. Cases have arisen in which

the client has actually tried to turn the failure of his broker to his

own advantage by declaring, when prices have moved against him, that the

bargain is off altogether, or by claiming that the transaction should be

closed at the hammer-price, when that price happens to be in his favour.

Litigation has arisen over these points and does now arise; in fact, the

state of the law as regards the relationship existing between outside

clients and the Stock Exchange when its members fail cannot be said to

be very clearly defined. One decision has abrogated another, and it can

scarcely be said that any of the many intricate questions that arise

have been settled definitely enough to carry conviction to the minds of

dissatisfied and litigious clients.

The questions which arise between members of the Stock Exchange

themselves are far more easily settled, thanks to the autocratic power

of the Committee, to which members are amenable. A member does not care

to offend the Committee, even if he feels that the treatment he receives

at the hands of its officials constitutes an unjust hardship. The

defaulter, who has to place himself unreservedly in the hands of the

Official Assignees, giving up his books and so on, may feel less

amenable, especially as he has ceased to be a member of the Stock

Exchange, and has little to gain by obedient acquiescence, but

considerations of the possibility of readmission generally assert

themselves. These considerations are naturally important, because they

mean the resumption of his profession. Any refusal to deliver up books,

or any placing of difficulties in the way of the Official Assignees,

means the postponement of readmission, if it does not render it

impossible.

A defaulter may be readmitted upon application, if the small

sub-committee appointed from the Committee to consider the case finds

that he is entitled to readmission. As a result of an examination of his

books showing the kind of accounts he had open, and as a result of an

inquiry into his conduct preceding and subsequent to his failure, they

report as to whether the failure has arisen through his own speculations

or through the failure of his principals, whether he has been guilty of

any bad faith or breach of the rules, whether the amount involved in his

engagements was in reasonable proportion to his means and resources.

Even where the conduct of a defaulter has been marked by indiscretion

and by the absence of reasonable caution, the defaulter may be

readmitted, but the decision of the Committee as to the readmission must

remain posted in the Stock Exchange for thirty days, and the notice may

indicate whether he is of the class of defaulters who have been brought

down by misfortunes beyond their control, or of the class whose failure

is brought about by rash speculation. In any case, no defaulter can be

readmitted unless he has paid his creditors at least 6_s._ 8_d._ in the

pound from his own resources apart from any moneys that may be

receivable from his sureties. Moreover, the Committee expects that he

shall make up any deficiency at the earliest possible moment until he

has paid 20_s._ in the pound. For this reason the Committee periodically

inquires into his position, and if a readmitted member were to become

very prosperous and yet refuse to pay up his creditors in full, when the

time for his annual re-election came round he might find himself left

outside the fold.

The Stock Exchange · 第 11 / 16 章