Net Capital Rule Flashcards
Net Capital Rule number
Rule 15c3-1
Net capital essential provisions
Dollar capital requirements
Net capital definition
Aggregate Indebtedness Definition
Ratios of AI/NC
Subordinated loan rules
What is Net Capital?
Liquid net worth - The firm should always have sufficient liquid assets to meet any foreseeable liability.
Clearing (General Securities) Broker-Dealer Net Capital Requirement
250,000
What is a clearing broker dealer? (also called general securities)
One that carries customer accounts and who accepts funds and securities from customers
A firm is deemed clearing if it
if it receives funds, checks, drafts or any other items of indebtedness
Definition of customer under SEC rules
Any person who has an active account at a broker-dealer. Includes omnibus accounts
Officers and partners of broker-dealers are excluded
Fully disclosed broker-dealer net capital requirements
50,000
Fully disclosed broker-dealer definition
One that enters into a clearing agreement with a clearing firm and has fully disclosed all of its customer accounts to this firm.
Does not carry customer accounts and does not hold customer funds or securities.
Who sends confirmations to the customer
Clearing firms
How long can a fully disclosed broker-dealer hold customer cash
It must be forwarded promptly (same day) to the clearing firm
Can a fully disclosed broker-dealer participate in firm commitment underwritings as a syndicate member?
No, this requires 250,000 of net capital since the broker-dealer takes full financial responsibility in such a commitment
Can a fully disclosed broker-dealer participate in firm commitment underwritings as a selling group member?
Yes, because there is no liability to the broker-dealer to do so.
Do best efforts underwritings create a liability?
No they do not. Customer funds in such underwritings are held in a escrow account, therefore there is no risk.
Fully disclosed broker-dealer which does not receive securities can join in what underwritings
Applies to firms that NEVER receive customer funds and securities. They cannot join in firm commitment underwritings as either a syndicate or selling group member.
They can join best efforts syndicates
Fully disclosed broker-dealer net capital requirement
50,000
Broker-dealer categories
Firm commitment syndicate member
Firm commitment selling group member
Best efforts syndicate member
Best efforts selling group member
Other firms that would fall under the 5K requirement
Limited Partnership broker-dealer - one that solely sells limited partnerships. All monies go directly to the sponsor.
Mergers and Acquisitions broker-Dealer - One that only works on mergers and acquisitions. No customers are involved
Can fully disclosed broker dealers accept mutual fund orders
Yes, fully disclosed broker-dealers can accept orders to purchase or redeem investment company shares (mutual funds and variable annuities) as long as checks are made out to and all funds or securities are promptly forwarded to the investment company
occasional transactions are defined as
10 or fewer transactions from the BD account per year
Can 50k fully disclosed broker-dealers effect occasional trades for own account
Yes, they are permitted to effect occasional transactions in securities for their own investment accounts through another broker-dealer.
They are also allowed to effect (not clear) securities trades as a broker on a national securities exchange for the account of another broker.
Can 5k fully disclosed broker-dealers effect occasional trades for own account
No, they cannot.
Under what conditions is a 50k fully disclosed broker-dealer firm required to have net capital of 100k?
Effects more than 10 transactions per year for the firms investment account (excluding transactions in money market instruments); OR
Writes or endorses over the counter option contracts (note that the sale of exchange-listed options, such as those traded on the CBOE, does not fall under this definition)
If a fully disclosed firm receives and promptly transmits customer securities what is their net capital requirement
50,000
If a fully disclosed firm receives and promptly transmits checks from customers made payable to the appropriate third party what is their net capital requirement
5,000
When a clearing agreement is signed what is the reporting requirements to be submitted by the clearing firm under FINRA rules
Clearing broker-dealer must provide a written list of all the reports it can generate based upon the activities of the introducing firm.
Additionally, the clearing firm must provide an updated list of available reports annually (by July 1st) to the COO and CCO of the introducing firm.
Give up clearing arrangement definition
When the clearing agreement allows the introducing firm to execute away from the clearing broker.
This means that the introducing firm gives up the name of the clearing broker to the firms that it enters order with.
This alerts the firms that payment for purchases and delivery of securities sold will be handled by the clearing broker (Prime brokerage account).
Clearing prime broker minimum capital requirements
1,500,000 AND it must notify FINRA that it will be acting as a prime broker.
Executing prime broker minimum capital requirements
1,000,000
Clearing broker-dealer obligations in a standard clearing agreement (4)
execute all trades
settle all trades
maintain custody
provide financing
Market Maker minimum net capital requirement
100,000. the actual dollar varies with the number of issues in which the firm makes a market:
$1,000 for each security bid @ $5 or less
$2,500 for each security bid over $5
Market Maker maximum capital
1,000,000
What is the consequence of early warnings
Accelerated reporting of FINRA of financial results
When do early warnings trigger
When net capital falls below 120% of the minimum requirement
What is a qualified block positioner
a broker-dealer who engages in the activity of purchasing or selling a short block of stock fora customer with a market value of $200,000 or more in a single transaction
Qualified block positioner minimum net capital requirement
1,000,000
Specialist - Designated Market Maker Net Capital Requirements (4)
- Only deals with other BD’s
- Does not carry customer accounts
- Does not effect transactions in OTC options (over the counter)
- Only effects its trades through a market maker account cleared and carried by another BD
Specialist - “Designated Market Maker” Net Capital Rule (once requirements are met)
If requirements are met then:
Only required to maintain 100k net capital.
Must maintain liquidating equity in respect to security positions at least = to:
25% of the market value of long positions
30% of the market value of short positions
What is a Specialist “Designated Market Maker?
Smaller market makers that are often 1-2 people firms.
What are Mutual Fund/Variable Annuity Dealers
Firms dealing solely in Investment Company shares that do not hold customer funds. They place all orders through the sponsor and make cheques out to the sponsor
Net capital for Mutual Fund BD’s if take wire orders
If a mutual fund BD accepts wires from customers their net capital requirement is 25k.
Net capital for Mutual Fund BD’s if take subscriptions
If a mutual fund BD accepts subscription orders from customers their net capital requirement is 5k
If Mutual fund BD’s take wire payments how fast does the payments need to be transferred
7 calendar days
What is a Reverse Repo
A secured overnight loan
It uses excess cash to buy government securities from another dealer then sells the securities back to the dealer the next day.
Difference between the purchase and sale price is interest earned.
How were BD’s misusing reverse repos and what was the event the SEC caught
“Matched Reverse Repos’
Were receiving securities valued substantially in excess of the amount advanced. Then sold the excess securities under another repo for additional cash.
Misappropriating customer collateral
ESM Government securities - 1985
What was the result of BD’s misuse of reverse repos
BD’s must now increase net capital by 10% of excess market value of securities pledged as collateral. So 10% any excess value of:
1. Treasury Securities over 105% of contract price
2. Agency or mortgage-backed securities over 110% of contract price
3. Any other securities over 120% of the contract price
Difference between net capital and net worth
Net worth = Total assets - Total Liabilities
Net Capital = Liquid assets - Total liabilities
Another word for net worth
Equity capital
What is a subordinated loan
Formal agreements where the lender subordinates their claim to all other creditors and agrees that the funds are at risk with the BD
Almost net capital formula
Net worth
+ subordinate loans
= Total available capital
- Non-allowable assets
= Tentative net capital
What is a haircut
A percentage taken off allowable assets to reflect any potential losses on liquidation.
Above the line haircuts - securities and inventory, deficiencies in collateral, 2nd reg. T. Extension
Final net capital formula
Standard method
Adjusted net worth
+ subordinate loans
= Total available capital
- Non-allowable assets
= Tentative net capital
- haircuts on allowable assets
= Net capital
Allowable assets (13)
01 Cash
02 Cash in reserve account (restricted funds)
03 Customer debit balances (secured by securities purchased)
05 & 06 Fails to deliver
07 Secured Note Receivable (With collateral)
08 Inventory (with Haircut)
09 Stock borrowed
11 Municipal Syndicate Receivable or good faith deposits - Allowable for 60 or fewer days old
12 Corporate good faith deposits - allowable for 11 business days old
13 commission receivable - under 30 days old
13 Commissions receivable from clearing B/D > 30 days allowed if include a PAIB credit (Proprietary Assets of an introducing BD)
PAB (Proprietary Accounts of BD’s) - clearing deposits of introducing BD’s
14 Prepaids (rent and insurance) (where recovery is certain)
Non-allowable assets (13)
Where recovery is uncertain
10 Firm Investment Account - Unregistered Warrants
12 Corporate syndicate profits receivable
Unsecured Note Receivable
14 Prepaid expenses (where recovery uncertain)
Exchange membership
19 Real Estate - Only equity portion is allowable if used for BD business
18 Furniture and fixtures
Automobiles
Goodwill, intangible assets
Collateral deficiencies
Petty cash
Uncovered or unacknowledged insurance claims
Free security shipments > 7 business days - in excess of 5k
DPP Investments (Direct Participation Program) - Limited partnership tax shelter. They are illiquid
What are customer debt balances
When a customer borrows funds then firm holds the securities as collateral until the customer pays
What is fails to deliver
When a customer fails to deliver securities on settlement date. When the security arrives the firm will deliver and eliminate the fail.
General Haircut percentage
15%
Calculate adjusted net worth
Prior years RE + common equity + net income (loss) = Adjusted net worth