OK some points now that I have gone through the thing fully, first some minor mistakes i noticed:
"2. This will be divided by (PURCHASE outstanding + SELLING outstanding). This is the NAV/U (Net Asset Value per Unit) of the overall fund and represents the current book value of one PURCHASE or (one SELLING + one MINING)."
You mean "Mining outstanding + Selling outstanding", right? Sorry if this is a nitpick.
No - I mean what I said. I could equally well have said PURCHASE outstanding plus MINING outstanding.
Let X be the number of MINING
X will also be the number of SELLING (they're only ever issued in pairs)
So MINING + SELLING would be same as 2*MINING OR 2*SELLING.
1 PURCHASE = 1 MINING + 1 SELLING
When I calculate the NAV/U I'm calculating the number of PURCHASE that have been sold less the number that have been bought back.
Some of those PURCHASE will still be PURCHASE - others will have been converted into a pair of (1 MINING and 1 SELLING). SO to calculate the effective number outstanding I have to add the ones that are still PURCHASE to the ones that have been converted. The latter number (the converted ones) can be determined from EITHER the outstanding MINING OR the outstanding SELLING (those 2 counts being identical).
Remember when a PURCHASE is converted it ceases to be outstanding - as it is returned to issuer.
"NAV/U post (DMS.MINING) dividend will be divided by the base dividend (i.e. before management fee) just calculated for DMS.MINING. "
I thought management fees were only upon issuance and not for dividends?
Corrected - missed that one when I changed the basis of management fee from being taken on all outgoing payments.
""This serves to keep capital at around 1 year's dividends (the buy-back price) plus just over a month extra to allow for short-term rises in difficulty."
You mean short-term falls, correct?
Actually it's both. The main danger is a short-term rise (a spike) where I pay out a dividend to SELLING then after the spike, when the drop back happens, capital has fallen below the target level for the revised (correct) difficulty. Have changed it to "to allow for short-term variance in difficulty".
Short-term rises (what I had) was unclear. Short-term falls don't need correcting for - being short-term there's no problem if capital isn't in place for them. It's both together which are the problem - so variance is likely the most accurate term to use.
Now for the meat of my thoughts upon a full reading
1) I don't like the whole investment of capital thing and the resultant credit risk exposure that the miners and especially sellers bear. It is probably too late to change and I am sure you have already considered and rejected this, but; Maybe you should eliminate the 3% fee, take on the obligation for payment yourself and instead invest the capital however you would like (since the face of Purchase is now your obligation) and whatever ROI you generate is your compensation for managing these instruments. Sort of like what life insurance companies do.
It's not an ideal solution - but without some revenue generation investment (especially on the SELLING side) would have to be done within very precise ranges for any investors to make a profit. There's a few reasons why I rejected your suggestion (it's one I considered):
1. I already manage a trading fund - which has as much cash as it needs and has no problem raising more if needed (my inbox is full of PMs from people who'd love to buy into it). So it would make littlle sense for me to take on this project if my reward was only to keep profit that I could already keep the vast majority of anyway through existing endeavours.
2. Supply would be artificially constrained. If I assessed the maxmimum amount of loss likely to be sustained on investments at X% then my ability to issue PURCHASE would be restricted to an amount where X% of total sales met the amount of personal cash I was willing/able to risk. As it stands, supply IS still limited - in that if capital raised exceeds available investment opportunities of suitable quality then return on investments will fall, possibly to the extent of lowering the perceived value of SELLING and so halting further sales of PURCHASE. But that's a far higher limit.
3. It is entirely likely that investing all capital (or the amount allowable to be precise) will not be possible in the short-term. There are relatively few suitable investments - and loans will take a while to get going. If I were only paid from investment proceeds then issuing more PURCHASE would leave me accepting risk (just holding cash in my own wallet is risk - albeit very small) without ANY benefit.
4. It would leave open messy areas in terms of liability - for example if BTC-TC vanished would I personally be liable for ALL investment? There's no way I'd want to take on significant risk for low-return safe investments - as the relatively low profits don't warrant me having to keep the entire amount available in case of disaster. The alternative - that I pass on such risks whilst keeping all the profit - is surely unpalatable for investors.
2) How will you differentiate instruments across time? For example, say you sell a purchase today. Lets also say that you issue and sell another purchase 4 months from now. Because the value of the Purchase (or mining + selling since they will be split) will degrade, additional issuances will have increasingly lower value. You have basically set a life expectancy on this as the instruments will approach zero. If there is sufficient volume when you IPO, you may want to consider additional issuance as being differentiated (i.e. Series A vs. Series B) and with new value for the mining hash rate.
The price at which further issuances of this will be sold is defined in the contract - and will fall so as to remain at around the same multiple of hashing power. Pricing based on NAV/U ensures no loss for existing investors - and dividends to SELLING ensure that capital doesn't grow excessively (as a multiple of MINING dividends) in the event of fast rising difficulty.
The price of all three will fall over time - and yes, if difficulty rises raidly for a sustained period, eventually will reach the point where the price for units becomes tiny. That's IF SELLING haven't voted by then to do a buy-back of course. If the price were to fall so low as to begin to lose definition on the market (i.e. not enough decimal places) then it may well make sense to open a new one with a higher hashing denomination and cease sales on this one.
But in the short-term that's unlikely to be an issue - and splitting short-term sales up across different Series would just add work for me, add listing fees and split liquidity. I can't help feeling I may be missing some element of your point here - as I'm not seeing how there'd be a need to even consider a new Series just because (if) IPO volume was high.
Thanks for the feedback - always great to know at least one person actually read the whole contract.