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by fsuts 16 days ago
In a few weeks the pre-ipo share owners can offload the first batch of their shares (after q2 results release)

So guessing non investors in SpaceX are shorting for this event in expectation of a drop

1 comments

Typically this would be prohibited (at least as an employee)
Sorta, there are no SEC requirements for lockup. It is all depends on the agreement between the IPO company and the IPO underwriters syndicate. Spotify and Slack notably skipped lockup entirely.

Goldman Sachs, Morgan Stanley, BoA, ect are the ones who set the IPO lockup terms based on their risk and exposure post IPO.

Indexes, exchanges, underwriters, ect are all private institutions who mostly can and do set their own rules.

The terms are public so you can read them

Something like 20% can be sold after the q2 results are released

I am fully aware of the terms. There are lots of schedules. I was speaking to the origins of "prohibitions".

It is also worth noting that typical lockup contracts can be waived early at the sole discretion of the underwriters.

If you have holdings that are locked up, are you allowed to short stock or use options to hedge your position?
What the law says and enforcement of the law are sometimes 2 different things, but generally employees should not be shorting their own stock, lock up or no lock up.

The issue is that this creates a conflict of interest.

In the worst case scenario, as an employee, you can literally do a bad thing to cause the stock to go down. E.g. An engineer can make a bug which blows up a rocket.

So then you could short the stock, bug a rocket, and become super rich.

It's the same issue with athletes betting on their own team - it's trivial to throw the game.

My holdings aren't even locked up, and I'm still not allowed to short my employer -- true as a matter of policy which could get me fired, and true from a US legal perspective most of the time given my role.
Almost certainly, outside of standard trade restriction windows. I don't think they have any control over what you do in the market outside of preventing insider trading.
Yes they absolutely can and do. Lockup provisions are contractual and typically quite strict.
No. Typically lockup agreements prevent any kind of trading of derivative or synthetic positions (think: shorts, swaps, options, etc).
No. Especially not if you have friends who could short the stock and you come to some sort of pocket agreement that never sees the light of day. Especially then.
I'm not an employee :)