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How
SIPC Protects You
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Understanding
the Securities
Investor Protection Corporation
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Securities
Investor Protection Corporation
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THE
ROLE OF SIPC
SIPC is
your first line of defense in the event of a brokerage firm
failure. No fewer than 99 percent of eligible investors get
their investments back from SIPC. From its creation by Congress
in 1970 through December 2000, SIPC advanced $391 million in
order to make possible the recovery of $3.8 billion in assets
for an estimated 443,000 investors.
When a
brokerage is closed due to bankruptcy or other financial
difficulties, the Securities Investor Protection Corporation
steps in as quickly as possible and, within certain limits,
works to return to you cash, stock and other securities you had
at the firm. Without SIPC, investors at financially troubled
brokerage firms might lose their securities or money forever or
wait for years while their assets are tied up in court.
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WHAT
SIPC COVERS...
and what it does not
SIPC is not
the FDIC. The Securities Investor Protection Corporation does not
offer to investors the same blanket protection that the Federal Deposit
Insurance Corporation provides to bank depositors.
How are SIPC and the
FDIC different? When a member bank fails, the FDIC insures all
depositors at that institution against loss up to a certain dollar
limit. The FDIC’s no-questions-asked approach makes sense because the
banking world is “risk averse.” Most savers put their money in
FDIC-insured bank accounts because they can’t afford to lose their
money.
That is precisely
the opposite of how investors behave in the stock market, in which
rewards are only possible with risk. Most market losses are a normal
part of the ups and downs of the risk-oriented world of investing. That
is why SIPC does not bail out investors when the value of their stocks,
bonds and other investments falls for any reason. Instead, SIPC replaces
missing stocks and other securities where it is possible to do so
... even when the investments have increased in value.
SIPC does not cover
individuals who are sold worthless stocks and other securities. SIPC
helps individuals whose money, stocks and other securities are stolen by
a broker or put at risk when a brokerage fails for other reasons.
HOW
WE HELP
What you need to know about SIPC
Understanding the
rules is the key to protecting yourself ... and your money.
- When SIPC gets
involved. When a brokerage firm fails, SIPC usually asks a
federal court to appoint a trustee to liquidate the firm and protect
its customers. With smaller brokerage firm failures, SIPC sometimes
deals directly with customers.
- Investors
eligible for SIPC help. SIPC aids most customers of failed
brokerage firms. (A list of ineligible investors may be found
in the fourth question in the next section of this brochure.)
- Investments
protected by SIPC. The cash and securities – such as stocks
and bonds – held by a customer at a financially troubled brokerage
firm are protected by SIPC. Among the investments that are ineligible
for SIPC protection are commodity futures contracts and currency, as
well investment contracts (such as limited partnerships) that are
not registered with the U.S. Securities and Exchange Commission
under the Securities Act of 1933.
- Terms of SIPC
help. Customers of a failed brokerage firm get back all
securities (such as stocks and bonds) that already are registered in
their name or are in the process of being registered. After this
first step, the firm’s remaining customer assets are then divided
on a pro rata basis with funds shared in proportion to the size of
claims. If sufficient funds are not available in the firm’s
customer accounts to satisfy claims within these limits, the reserve
funds of SIPC are used to supplement the distribution, up to a
ceiling of $500,000 per customer, including a maximum of
$100,000 for cash claims. Additional funds may be available to
satisfy the remainder of customer claims after the cost of
liquidating the brokerage firm is taken into account.
- How account
transfers work. In a failed brokerage firm with accurate
records, the court-appointed trustee and SIPC may arrange to have
some or all customer accounts transferred to another brokerage firm.
Customers whose accounts are transferred are notified promptly and
then have the option of staying at the new firm or moving to another
brokerage of their choosing.
- How claims are
valued. Typically, when SIPC asks a court to put a troubled
brokerage firm in liquidation, the financial worth of a customer’s
account is calculated as of the “filing date.” Wherever
possible, the actual stocks and other securities owned by a customer
are returned to them. To accomplish this, SIPC’s reserve funds
will be used, if necessary, to purchase replacement securities (such
as stocks) in the open market. It is always possible that market
changes or fraud at the failed brokerage firm (or elsewhere) will
result in the returned securities having lost some – or even all
– of their value. In other cases, the securities may have
increased in value.
SEVEN
QUESTIONS
Investors ask most often
- 1. How
can I be sure I am dealing with a SIPC member? Why is that
important?
Look for this
language:
MEMBER
SECURITIES INVESTOR PROTECTION CORPORATION
Those words –
or “Member SIPC” – appear in all signs and ads of SIPC
members. If you have a question as to whether or not a particular
firm is a member of SIPC, you may call the SIPC Membership
Department at 202/371-8300 or visit us on the Web at www.sipc.org.
Why is the issue
of SIPC membership relevant to you? SIPC protects customers of
broker-dealers as long as the broker-dealer is a SIPC member.
However, if a SIPC member's registration with the U.S. Securities
and Exchange Commission is terminated, the broker-dealer's SIPC
membership is also automatically terminated. SIPC loses its power to
protect customers of former SIPC members 180 days after the
broker-dealer ceases to be a member of SIPC. Normally, the SEC will
not permit the termination of the registration and SIPC membership
of a broker-dealer if the firm owes securities or cash to customers.
However, a SIPC membership may be terminated if the Commission is
unaware the firm owes securities or cash to customers.
- 2. What
should I be vigilant about before a problem
strikes?
Some SIPC members
have affiliated or related companies or persons that conduct
financial or investment businesses but are not members of SIPC. Some
of these affiliates have names which are similar to the name of the
SIPC member, or which operate from the same offices or with the same
employees. Be sure you receive written confirmation of each
securities transaction in your securities account with the SIPC
member, and that each confirmation statement and each statement of
account is issued by the SIPC member and not by a non-SIPC
affiliate. Deposits for credit to your securities account, by check
or otherwise, should not be made payable to your account executive,
registered representative, or to any other individual, but generally
only to your SIPC member broker-dealer or, if your account is
carried at another SIPC member who provides clearing services for
your SIPC member broker-dealer, then to that other SIPC member. If
your check or deposit is payable to other than a SIPC member
broker-dealer (such as to the issuer of the securities you are
purchasing or to a bank escrow agent), you should take steps to
insure that your funds are properly applied.
You should be
vigilant to assure that you receive your periodic statements on a
timely basis. The failure to provide statements may indicate the
broker-dealer has gone out of business. If you do not receive your
statement when due and cannot get a satisfactory explanation, or if
for any other reason you believe your broker-dealer may have ceased
doing business, you should promptly contact the nearest office of
the Commission. If your broker-dealer ceases to be a SIPC member
while still owing cash and securities to you, you should notify the
Commission well within the 180-day period.
- 3. How
quickly will I get my investments back?
Most customers
can expect to receive their property in one to three months. When
the records of the brokerage firm are accurate, deliveries of some
securities and cash to customers may begin shortly after the trustee
receives the completed claim forms from customers, or even earlier
if the trustee can transfer customer accounts to another
broker-dealer. Delays of several months usually arise when the
failed brokerage firm’s records are not accurate. It also is not
uncommon for delays to take place when the troubled brokerage firm
or its principals were involved in fraud.
- The beneficial
owner of five percent or more of any class of equity security of the
firm (other than certain nonconvertible preferred stocks).
- A limited partner
with a participation of five percent or more in the net assets or
net profits of the firm.
- Someone with the
power to exercise a controlling influence over the management or
policies of the firm.
- A broker or dealer
or bank acting for itself rather than for its own customer or
customers.
- 5. Where
do I submit my claim forms?
If your brokerage
firm is put into liquidation, the court-appointed trustee will
notify you and send a claim form and instructions. You must return
the completed claim forms to the trustee within the time limits set
forth in the notice and as described in the instructions. Failure to
do so may result in the loss of all or a portion of your claim. If
you are notified that your brokerage account has been transferred to
another brokerage firm, you should still file a claim form in order
to preserve the right to correct any errors that may crop up during
the transfer of accounts. For a step-by-step guide to this process,
see the SIPC Web site at www.sipc.org.
- 6. Is
there a time limit for filing claims?
Yes. There are two
deadlines for the filing of customer claims:
- Court deadline.
The time set by the bankruptcy court for filing of customer claims
is usually 60 days after the date the notice of the proceeding is
published, but could be as little as 30 days after the publication
date. The deadline appears in the published notice and a copy of the
notice is mailed to customers along with claim forms and
instructions that also prominently display the date. Pay close
attention to the deadline set forth in the notice and be certain the
trustee receives your claim in a timely manner.
- Federal law
deadline. If your completed claim form is received by the
trustee after the date set by the bankruptcy court but no later than
six months after public notice is published, the claim is subject to
delayed processing and, possibly, limited payment. The six-month
deadline is set out in the federal law governing SIPC. The federal
deadline absolutely bars any claim that is received more than six
months after the publication date. Except for some very narrow
exceptions, there are no grounds for time extensions beyond the
deadline.
- 7. Do
I have to prove what the broker owes me? How does that work?
Yes, but that’s
usually easy. SIPC and court-appointed trustees assume that the
brokerage firm’s records are accurate. Frequently, your entire
account can be transferred to another brokerage firm for your
benefit before you have even filed a claim. However, there are
sometimes instances of mistakes in brokerage firm records. In rare
cases, these mistakes show transactions made without your authority.
You should keep copies of trade confirmations. You should keep
copies of your latest monthly or quarterly statement of account from
your brokerage firm. A trustee may ask you to supply copies of these
documents. If you ever discover an error in a confirmation or
statement, you should immediately bring the error to the attention
of the brokerage firm in writing. Keep a copy of any such
writing you send to the brokerage firm. Remember, if there is
something wrong with the brokerage firm’s records of your account,
you will have to prove that, or SIPC and the trustee will assume
that the firm’s records are accurate.
Learn about
investment fraud … and where to turn for help.
SIPC urges all
investors to understand the dangers of investment fraud and where to
turn for help if swindled. That is why SIPC works with regulatory and
self-regulatory agencies, consumer groups, and other concerned parties
to increase investor awareness about scams. Check out the investment
fraud warnings on the following Web sites:
U.S. Securities
and Exchange Commission
www.sec.gov
NASD Regulation,
Inc.
www.nasdr.com
National Fraud
Information Center
www.fraud.org
Investor
Protection Trust
www.investorprotection.org
Alliance for
Investor Education
www.investoreducation.org
Your state
securities agency
See the “Find a Regulator” page at www.nasaa.org
Canadian Investor
Protection Fund
www.cipf.ca
Securities
Industry Association
www.sia.com
You can find a list
of the best investment fraud education resources on the Web by visiting
SIPC on the Web at www.sipc.org.
IMPORTANT
NOTICE: The Securities Investor Protection Act of 1970 (SIPA) is a
complex and technical statute. This brochure provides a basic
explanation of the Securities Investor Protection Corporation. However,
it does not explain the SIPA statute with respect to any particular fact
pattern. Answers to questions involving particular facts depend upon
interpretations, administrative decisions, and court actions.
Consumer Information home page
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