Disclosure (13D, insiders) and equity swaps/options
What is the current SEC ruling on equity swaps and options?
For example, 13D requires that When a person or group of persons acquires beneficial ownership of more than 5% of a voting class of a company’s equity securities,
Yet when I buy options, I don't have any voting class nor any of the company's equity. Same for equity swaps.
Will the SEC disclosure rules 13D + 3,4,5 still apply in these cases?
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Holding exchange traded options won't trigger any SEC disclosure rules.
Being granted a large options position as an agent of the company creates voluntary disclosure rules on the form 3, 4. Exercising those options is a mandatory disclosure and gifting the options/shares is also mandatory.
A large buy or sell is a 13D disclosure.
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