text
stringlengths 6
768k
|
---|
There are currently 15 direct gold participants (Bank of China, Citibank N.A. London Branch, Coins ‘N |
Things, Inc., DRW Investments, LLC, Goldman Sachs, HSBC Bank USA NA, Industrial and Commercial Bank of China (ICBC), StoneX Financial |
Ltd., Jane Street Global Trading, LLC, JPMorgan Chase Bank, N.A. London Branch, Koch Supply and Trading LP, Marex, Morgan Stanley, |
Standard Chartered Bank and Toronto-Dominion Bank), and IBA uses ICE’s front-end system, WebICE, as the technology platform |
that allows direct participants as well as sponsored clients to manage their orders in the auction in real time via their own |
screens. 6 The |
IBA auction process begins with a notice of an auction round issued to gold participants before the commencement of the auction |
round stating a gold price in U.S. Dollars, at which the auction round will be conducted. An auction round lasts 30 seconds. Gold |
participants electronically place bid and offer orders at the round’s stated price and indicate whether the orders are for |
their own account or for the account of clients. Aggregate bid and offer volume will be shown live on WebICE, providing a level |
playing field for all participants. At |
the end of the auction round, the IBA system evaluates the equilibrium of the bid and offer orders submitted. If bid and offer |
orders indicate an imbalance outside of acceptable tolerances established for the IBA system (normally 10,000 oz) (e.g., too many |
purchase orders submitted compared to sell orders or vice versa), the auction chairman calculates a new auction round price principally |
based on the volume weighting of bid and offer orders submitted in the immediately completed auction round. For instance, if the |
order imbalance indicates that purchase orders (bids) outweigh sales orders (offers) then a new auction round price will be issued |
that will be increased over that used in the prior auction round. Likewise, the new auction round price will be decreased from |
the prior round’s price if offers outweigh bids. To clear the imbalance, the IBA system then issues another notice of auction |
round to gold participants at the newly calculated price. During this next 30 second auction round, gold participants again submit |
orders, and after it ends, the IBA system evaluates for order imbalances. If order imbalances persist, a new auction price is |
calculated and a further auction round will occur. This auction round process continues until an equilibrium within specified |
tolerances is determined to exist. Once the IBA system determines that orders are in equilibrium within system tolerances, the |
auction process ends and the equilibrium auction round price becomes the LBMA PM Gold Price. The |
LBMA PM Gold Price and all bid and offer order information for all auction rounds become publicly available electronically via |
IBA instantly after the conclusion of the equilibrium auction. Since April 1, 2015, the LBMA Gold Price has been regulated |
by the Financial Conduct Authority (“FCA”) in the United Kingdom (“UK”). IBA also has an Oversight Committee, |
made up of market participants, industry bodies, direct participant representatives, infrastructure providers and IBA. The Oversight |
Committee allows the LBMA to continue to have significant involvement in the oversight of the auction process, including, among |
other matters, changes to the methodology and accreditation of direct participants. Additionally, IBA watches over the price discovery |
process for the LBMA Gold Price and ensures that it meets the International Organization of Securities Commission’s |
(IOSCO) Principles for Financial Benchmarks, (the “IOSCO Principles”). The |
LBMA PM Gold Price is widely viewed as a full and fair representation of all or material market interest at the conclusion of |
the equilibrium auction. IBA’s LBMA PM Gold Price electronic auction methodology is similar to the non-electronic process |
previously used to establish the London gold fix where the London gold fix process adjusted the gold price up or down until all |
the buy and sell orders are matched, at which time the price was declared fixed. Nevertheless, the LBMA PM Gold Price has several |
advantages over the previous London gold fix. The LBMA PM Gold Price auction process is fully transparent in real time to the |
gold participants and, at the close of each equilibrium auction, to the general public. The |
LBMA PM Gold Price auction process is also fully auditable by third parties since an audit trail exists from the time of each |
notice of an auction round. Moreover, the LBMA PM Gold Price’s audit trail and active, real time surveillance of the auction |
process by IBA as well as FCA’s oversight of IBA, deters manipulative and abusive conduct in establishing each day’s |
LBMA PM Gold Price. Since |
March 20, 2015, the Sponsor determined that the London gold fix, which ceased to be published as of March 19, 2015, could no longer |
serve as a basis for valuing gold bullion received upon purchase of the Trust’s Shares, delivered upon redemption of the |
Trust’s Shares and otherwise held by the Trust on a daily basis, and that the LBMA PM Gold Price is an appropriate alternative |
for determining the value of the Trust’s gold each trading day. The Sponsor also determined that the LBMA PM Gold Price |
fairly represents the commercial value of gold bullion held by the Trust and the “Benchmark Price” (as defined in |
Trust Agreement) as of any day is the LBMA PM Gold Price for such day. 7 The |
Zurich Gold Bullion Market After |
London, the second principal center for spot or physical gold trading is Zurich. For eight hours a day, trading occurs simultaneously |
in London and Zurich—with Zurich normally opening and closing an hour earlier than London. During these hours, Zurich closely |
rivals London in its influence over the spot price because of the importance of the three major Swiss banks—Credit Suisse, |
Swiss Bank Corporation, and Union Bank of Switzerland (UBS)—in the physical gold market. Each of these banks has long maintained |
its own refinery, often taking physical delivery of gold and processing it for other regional markets. The loco Zurich bullion |
specification is the same as for the London bullion market, which allows for gold physically located in Zurich to be quoted loco |
London and vice versa. Futures |
Exchanges The |
most significant gold futures exchanges are the COMEX, a designated contract market within the CME Group, and the Tokyo Commodity Exchange (“TOCOM”). The COMEX is |
the largest exchange in the world for trading precious metals futures and options and has been trading gold since 1974. The TOCOM |
has been trading gold since 1982. Trading on these exchanges is based on fixed delivery dates and transaction sizes for the futures |
and options contracts traded. Trading costs are negotiable. As a matter of practice, only a small percentage of the futures market |
turnover ever comes to physical delivery of the gold represented by the contracts traded. Both exchanges permit trading on margin. |
Margin trading can add to the speculative risk involved given the potential for margin calls if the price moves against the contract |
holder. The COMEX trades gold futures almost continuously (with one short break in the evening) through its CME Globex electronic |
trading system and clears through its central clearing system. On June 6, 2003, TOCOM adopted a similar clearing system. In each |
case, the exchange acts as a counterparty for each member for clearing purposes. Other |
Exchanges There |
are other gold exchange markets, such as the Istanbul Gold Exchange (trading gold since 1995), the Shanghai Gold Exchange (trading |
gold since 2002), the Hong Kong Chinese Gold & Silver Exchange Society (trading gold since 1918) and the Singapore Mercantile |
Exchange (trading gold since 2010). Market |
Regulation The |
global gold markets are overseen and regulated by both governmental and self-regulatory organizations. In addition, certain |
trade associations have established rules and protocols for market practices and participants. In the United Kingdom, responsibility |
for the regulation of the financial market participants, including the major participating members of the LBMA, falls under |
the authority of the FCA as provided by the Financial Services and Markets Act 2000 (“FSM Act”). Under this act, |
all UK-based banks, together with other investment firms, are subject to a range of requirements, including fitness and properness, |
capital adequacy, liquidity, and systems and controls. The |
FCA is responsible for regulating investment products, including derivatives, and those who deal in investment products. Regulation |
of spot, commercial forwards, and deposits of gold not covered by the FSM Act is provided for by The London Code of Conduct |
for Non-Investment Products, which was established by market participants in conjunction with the Bank of England. 8 The |
TOCOM has authority to perform financial and operational surveillance on its members’ trading activities, scrutinize positions |
held by members and large-scale customers, and monitor the price movements of futures markets by comparing them with cash and |
other derivative markets’ prices. To act as a Futures Commission Merchant Broker on the TOCOM, a broker must obtain a license |
from Japan’s Ministry of Economy, Trade and Industry (“METI”), the regulatory authority that oversees the operations |
of the TOCOM. The |
CFTC regulates trading in commodity contracts, such as futures, options and swaps. In addition, under the CEA, the CFTC has jurisdiction |
to prosecute manipulation and fraud in any commodity (including precious metals) traded in interstate commerce as spot as well |
as deliverable forwards. The CFTC is the exclusive regulator of U.S. commodity exchanges and clearing houses. Secondary |
Market Trading While |
the Trust’s investment objective is for the Shares to reflect the performance of gold bullion, less the expenses of the |
Trust, the Shares may trade in the secondary market on the NYSE Arca at prices that are lower or higher relative to their net asset |
value (the value of the Trust’s assets less its liabilities (“NAV”)) per Share. The amount of the discount or |
premium in the trading price relative to the NAV per Share may be influenced by non-concurrent trading hours between the NYSE Arca, |
COMEX and the London and Zurich gold markets. While the Shares trade on the NYSE Arca until 4:00 PM New York time, liquidity in |
the global gold market is reduced after the close of the COMEX at 1:30 PM New York time. As a result, during this time, trading |
spreads, and the resulting premium or discount, on the Shares may widen. Valuation |
of Gold and Computation of Net Asset Value On |
each day that the NYSE Arca is open for regular trading, as promptly as practicable after 4:00 p.m. New York time on such day |
(the “Evaluation Time”), the Trustee evaluates the gold held by the Trust and determines both the adjusted net asset |
value (“ANAV”) and the NAV of the Trust. At |
the Evaluation Time, the Trustee values the Trust’s gold on the basis of that day’s LBMA PM Gold Price (the USD price |
Subsets and Splits