It’s Been a Week: Statement on Amendments to Exchange Act Rule 15c3-3

Rule 15c3-3 plays a key role in advancing the Commission’s investor protection mandate. It requires broker-dealers to safeguard customer assets, which helps to ensure that, should a broker-dealer fail, it can self-liquidate in an orderly manner that protects its customers’ ability to access her assets.[1] A successful self-liquidation permits customers to gain access to their funds much more quickly than possible if they are required to pursue their claims in a liquidation administered by the Securities Investor Protection Corporation.

The rule the Commission is adopting today increases, for the largest broker-dealers, the frequency at which they must perform the reserve calculations to determine how much cash and qualified securities they must deposit into their special reserve bank accounts. These calculations are used to ensure that a broker-dealer has set aside the net cash that it owes its customers and other broker-dealers, which could be used to facilitate an orderly self-liquidation. Instead of performing these calculations weekly, the amended rule will require that broker-dealers with average total credits over the past twelve months of $500 million or more perform these calculations daily. The increased frequency should reduce potential mismatches that could increase the risk that investors will experience a delay in recovering their assets—or suffer loss—in the event of a broker-dealer failure.

The final amendments to Rule 15c3-3 are not perfect. It will increase costs and operational challenges for 40 of the estimated 49 carrying broker-dealers that will be subject to this daily computation requirement, and the rule could have done more to address the treatment of funds that will be placed in sweep accounts on the next business day. On the other hand, the final amendments do incorporate an increased threshold for triggering the requirement that mitigates some of the costs. In addition, it allows carrying broker-dealers that use the alternative method for net capital and perform a daily customer reserve computation to reduce their aggregate debit items by 2% (instead of the 3% that is currently required). On balance, I believe the amendments are net beneficial to investors.

I hope that broker-dealers will take the Commission up on its invitation to engage with the staff on potential issues in dealing with what one commenter called “cash in motion.”[2] I also look forward to receiving feedback on any operational challenges that arise as broker-dealers implement these requirements, particularly with respect to exigent circumstances and potential challenges with resources around holidays and days when the markets close early.

I would like to thank the staff in the Division of Trading and Markets, the Division of Economic and Risk Analysis, and in the Office of General Counsel for their hard work on this rule. I hope that you all are able to get some rest over the holidays.