Interview
Picking Up the Pieces
Stephen Harbeck and Irving Picard On The Lehman and Madoff Cases
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A Peek Inside the SIPC (Securities Investor Protection Corporation)
Founded on December 30, 1970, through the passage of the Securities Investor Protection Act, the SIPC is not a governmental agency but rather a nonprofit membership organization of broker-dealers and members of national exchanges.
- Scope of Services: To afford certain protections against losses to customers resulting from failures
of broker-dealers.
- Board of Directors: A seven-member board of directors governs SIPC policies and operations. Five members are appointed by the president and approved by the Senate; three of those five represent the securities industry, and two are from the general public. For the other two directors, one is appointed by the Treasury secretary, and another by the Federal Reserve Board of Governors.
- Interactions with Regulators: The SEC and FINRA report broker-dealers in or approaching financial challenges to the SIPC. The SIPC, in turn, forwards the names of principals and associated persons for whom proceedings have been issued to the SEC and self-regulatory organizations to review for potential violations of the law.
- Coverage Limits: Current limits are set at $500,000 per customer, with cash claims limited to $100,000. Of the 625,100 claims that were fully or substantially satisfied as of December 31, 2008, only 350 (less than 0.06%) were for cash/securities with values over the SIPC limits.
- The SIPC’s Fund: The fund is maintained through fluctuating annual membership assessments plus interest on government securities. If the SIPC fund runs short of money, the SEC is authorized to loan the SIPC up to $1 billion (borrowed from the US Treasury).
- Membership: US law mandates that all broker-dealers join and pay annual assessments. As of April 1, 2009, the assessment level is one-fourth of 1% of annual operating revenue. Before that it was $150 per broker-dealer.
- Settling Claims: Once a broker-dealer fails and the SIPC institutes a customer-protection proceeding,
the organization can pay claims directly or apply to a federal district court to appoint a trustee to conduct a liquidation.