Looking at the current environment and seeing that there seem to be discrepancies developing in the spot/physical markets for commodities versus the futures, I am thinking of ditching all my precious metal ETFs and converting them to a physical from - e.g. coins, bars or Goldmoney. I've found the ETFs such as GLD, GBS and SLV convenient for making regular investments into precious metals over the last few years but the more closely I examine their ownership it seems very unlikely that the gold or silver they own is unencumbered.
My eyes glaze over when faced with reams of pages in the prospectuses, but for example here are some bits of concern I've noticed while scanning the Lyxor Gold Bullion Securities (GBS) prospectus:
1. Under "Redemption and Payment in gold"
"Should the Security Holder demand payment in gold he must provide the Company with a redemption notice specifying an unallocated
gold account with an LBMA member clearing bank in London to which the gold shall be transferred and must pay the Redemption Fee."
If I wanted delivery of gold I would certainly not want unallocated gold. I don't understand why I couldn't receive allocated gold or delivery of a gold bar
2. GBS says its gold is not insured against loss or theft.
"The Custodian has no obligation to insure such gold against loss, theft or damage and the Company does not intend to insure against such risks. Accordingly, there is a risk that the Secured Gold could be lost, stolen or damaged and the Company would not be able to satisfy its obligations in respect of the Lyxor Gold Bullion Securities
Why would no insurance be taken out? I don't regard myself as overly paranoid, but might it be because you wouldn't be able to get insurance for gold which is leased to other parties?
3. Under "Custody Services"
"Unless otherwise agreed between the Trustee and the Custodian Secured Gold will be held at the Custodian’s London vault premises or, when gold has been allocated in a value other than the Custodian’s London vault premises, by or for any sub-custodian permitted as described in paragraph 6 below."
What the hell does "when gold has been allocated in a value other than the Custodian’s London vault premises" mean?
4. The prospectus says the gold is allocated and seems to imply it is held in the company's name:
"All such gold will be held in the Secured Gold Accounts. An amount of such Secured Gold not less than the Combined Entitlement to Gold of all outstanding Lyxor Gold Bullion Securities will be held in the Secured Allocated Account, where it will be held in "allocated" form (that is, as uniquely identifiable London Good Delivery bars) other than to the extent that any such gold is required to be transferred to the Secured Unallocated Account to effect a redemption."
The word 'allocated' is defined as "uniquely identifiable London Good Delivery bar", but it isn't defined in the formal list of definitions at the end of the document whereas 'unallocated' is.
To be honest for a layman like myself I find a prospectus like this extremely confusing, and I just get to feel uneasy that something is going on that I can't put my finger on. If ownership of the gold bullion was clear and straightforward surely it wouldn't be so difficult to describe it in the prospectus?
I would like to think the ETFs were fine as they are an easier and cheaper to acquire, but I also feel they would be an easy target for governments to hit in an extreme crisis. The main use I can see for the ETFs might be for hedging by going short at interim tops when you might still want to hold on to physical and for short-term trading PMs.
