Uniform Net Capital Rules Flashcards
SEC Rule 15c3-1
SEC’s primary means of assuring that firms have enough money (capitalization) to deal responsibility with the investing public.
Net Worth
= Assets - Liabilities
Net Capital
= liquidation value of the firm, only liquid assets are used in determining net capital
= net worth - non-allowable assets and other charges
Aggregate Indebtedness
Unsecured liabilities of the firm + customer related liabilities
Broker/Dealer Classifications for determining net capital requirement
1- Carrying broker/dealer
2- Introducing broker/dealer
3- Mutual fund broker/dealer
4- Market makers
Capital Requirements- Carrying Firms
Minimum of the greater of $250M or 6 2/3% of Aggregate Indebtedness
Engaged in general securities business that carry customer accounts (receive and hold funds)
Capital Requirements- Introducing Broker Dealers
Clearing Correspondent B/D- does not carry customer accounts
Introducing B/D- (fully disclosed)- services customers but does not carry accounts, name and address of customer is fully disclosed
Minimum of the greater of $50M or 6 2/3% of Aggregate Indebtedness
However, if Introducing B/D does not receive funds then, minimum of the greater of $5M or 6 2/3% of Aggregate Indebtedness
Introducing Broker Dealers (limitations)
Broker/Dealer that services customers but does not carry customer accounts= Introducing BD.
Carrying BD or Clearing Correspondent handles all confirms, statements, customer checks, etc.
If receiving customer funds: Min capital requirement is $50M or 6 2/3% of AI
If not receiving funds then, $5M or 6 2/3% of AI.
See table p. 5
Funds and securities must be promptly forwarded to clearing B/D
May only participate in best efforts or all-or-none underwritings
If participates in syndicate, capital requirement is $250M or 6 2/3% of Aggregate Indebtedness (assumed to be acting as principal and assuming financial liability)
Capital Requirements- K(2)(i) Exemption
B/D that handle customer cash but not margin accounts and receive but do not hold funds. Do no hold customer funds or securities, do not owe money or securities to customers. Omnibus account- clearing arrangement
Minimum of the greater of $100M or 6 2/3% of Aggregate Indebtedness
Capital Requirements- Mutual Fund Dealers-receive customer funds (direct wire order firms)
Minimum of the greater of $25M or 6 2/3% of Aggregate Indebtedness
Limitations:
- dealer transactions limited to sale, purchase, redemption of inv co shares and variable annuities
- broker transactions limited to sale of inv co shares or units for immediate reinvestment
- customer funds and securities transmitted promptly to fund or annuity sponsor, cannot hold
- can enter into occasional transaction for own account.
Applies only to firms that accept wire orders
Capital Requirements- Mutual Fund Dealers-do not receive customer funds (subscription firms)
Minimum of the greater of $5M or 6 2/3% of Aggregate Indebtedness
Capital Requirements- Dealers
Any firm that effects more than 10 transactions per calendar year. Also, any firm that endorses or writes unlisted options.
Minimum of the greater of $100M or 6 2/3% of Aggregate Indebtedness
Capital Requirements- Market Makers
Registered B/D that regularly post bona fide competitive bid/ask quotes for a security and are willing to effect transactions as those quotes
- $1,000 in net capital for each security with a bid value of less than $5
- $2,500 in capital for security with a bid value of greater than $5
Minimum of $100M
Maximum of the greater of $1,000M or 6 2/3% of Aggregate Indebtedness
Alternative Net Capital requirements
$250M or 2% of aggregate debits
Sole Proprietorship- additional requirements if liabilities > assets not used in B/D business
net difference must be deducted from net worth before performing net capital computation
Total Available Capital- computation
= Net Worth
+/- Adjustment for net profit or loss
+ Subordinated debt
Tentative Net Capital - computation
= Total Available Capital
- non-allowable assets
Net Capital- computation
Total Available Capital = net worth + profit - losses + subordinated debt
- non-allowable assets (non-liquid)
- haircuts
Haircuts (purpose)
Compensate for market price losses that could occur if the securities had to be liquidated quickly.
Net Capital
= Tentative Net Capital - haircuts
Net Capital (full calculation)
= Net Worth \+/- Adjustment for net profit or loss \+ Subordinated debt - non-allowable assets (non-liquid) - haircuts
review example p.11
Review accounting T-Accounts
DR = assets and expense CR = liabilities, income and equity accounts
Allowable Assets (list)
- Cash in bank
- Cash no deposit in special reserve bank account
- Clearing deposits
- Debit balances in customer accounts (A/R from customer)
- Margin account if secure (CMV > Debit balance)- see p. 14
- Good faith deposits (if < 60 days)
- Notes Receivable (if fully secured, pro-rated if not)
Fails to Deliver (Allowable assets)
an open contract with a customer in which securities are owed (sold) and monies due (payment).
- corporate securities aged after 4 days (15% haircut)
- municipals- 20 days
- municipal syndicate profits receivable (if owed by manager and > 60 days)
Restricted stock, unregistered warrants
Allowable or non-allowable?
Non- allowable b/c they are illiquid
Good faith deposits (Allowable?)
(if < 60 days)
Notes Receivable (Allowable?)
(if fully secured, pro-rated if not)
Non-allowable assets
- exchange memberships
- fixed assets
- intangibles
- corporate syndicate profits receivable
- prepaid expenses
- doubtful A/R collections
- insurance claims > 7 days from date of loss (if validated by outside counsel, then > 20 days)
- free shipments of securities > $5,000
- Mutual fund redemptions
US Gov’t securities (haircuts)
5%< 3 months
0% TBills =25 years
Municipal securities (haircuts)
> long or short position
Corporate non-convertible debt (haircuts)
2% investment grade
2% bonds maturing in <1 year
9% bonds with 25 or more years
Corporate convertible debt (haircuts)
15% @ or above par
Liquid asset (money market) funds (haircut)
2-9% depending on amount of marketable securities
Common stock (haircuts)
15% of the greater of the long or short position + 15% on amount of net larger less smaller if smaller is 25% of larger
Preferred stock (haircuts)
10%
Exchange traded funds- ETFs (haircuts)
10% for broad based indexes
15% for non-high capitalization indexs
Options- (haircuts)
- Long listed- 50% of the market value (i.e. the current premium)
- Long unlisted- 15% of the underlying share value
- Short- 15% of underlying shares
- Hedged (long stock + long put)= long shares x $P x 15% less out of the money value, zero if exercise value = market value
Options- unlisted (haircuts)
15% of the market value of the underlying security
Non-marketable securities- illiquid (haircut)
Deducted with non-allowable assets
Securities with limited trading market (haircut)
number of market makers
3 - 15% haircut
1-2- 40% haircut
Undue concentration (haircut)
if a single stock position exceeds 10% of a firms tentative net capital (net capital before haircuts)
- long and short = net position
- position established = additional 15% on part exceeding 10% of tentative net capital (original haircut + incremental)
Underwriting Commitments (haircut)
IPO- 30% Additional issues (Nasdaq global and global select)- 15% Additional issues (Nasdaq capital market or non-nasdaq) - 30%
Haircuts for firms with over $250,000 in net capital (p.21)
first $150M of any deduction computed may be added back to net worth
Short Securities Differences (haircut)
days after discovery- discount to market 7 - 25% 14 = 50% 21 = 75% 28 = 100%
Long Securities Differences (haircut)
Cannot add back
Aggregate Indebtedness (AI)
The total of all money liabilities of a broker dealer unless excepted. Unsecured liabilities of the firm + customer related liabilities.
