The Securities and Exchange
Act of 1934 provides that the Board of Governors of the Federal
Reserve System shall prescribe rules and regulations with respect
to the amount of credit that may be initially extended and subsequently
maintained on securities. Regulation T has been issued pursuant
to this provision.
The requirements with regard to "Cash Accounts" under Section
220.8 are discussed here.
Special Cash Accounts
The "Cash Account" (technically termed the "Special Cash Account")
described in the Regulation is one in which customer transactions
are effected with the understanding that they will be settled
promptly--that is, within the two or three days required by
use of the usual transmittal facilities.
Time for Payment
On purchase transactions the Regulation further states that,
if full payment is not made within five business days after
the trade date, the broker/dealer shall cancel or otherwise
liquidate the transaction, or the unsettled portion thereof.
There are exceptions to this requirement:
Amount Under $500
If the amount of money due from any customer in a special cash
account does not exceed $500, this amount may de disregarded
for the purpose of the Regulation (at the sole discretion of
the lending broker/dealer).
Unissued Security
If the security when purchased is an unissued security the period
of five full business days begins to run from the date on which
the security is made available by the issuer for delivery to
purchasers.
Delay for Shipment
If any shipment of securities is incidental to the consummation
of the transaction the five full business day period is extended
by the number of days required for such shipments, but not by
more than five additional full business days.
Payment on Delivery
If a purchase is made by a customer with the understanding that
payment is to be made on delivery, the broker/dealer may treat
the transaction as one in which the applicable period is not
five full business days but thirty-five calendar days, but the
broker/dealer has the obligation to deliver and obtain payment
as soon as possible and he may not deliberately delay delivery.
Delivery to a bank for the account of a customer is equivalent
to delivery to the customer.
Frozen Accounts
The Regulation provides that if a security is either delivered
to another broker/dealer or is sold (cancellation of a transaction
otherwise than to correct an error, shall be deemed to constitute
a sale before being paid for in full) the account must be frozen
for a period of ninety calendar days. Subsequent purchases can
be effected only if cash is on hand prior to execution, or if
proper authorization, based upon exceptional circumstances,
is obtained from the appropriate sources indicated below under
"Extensions of Time." However, this restriction may be disregarded
in the following instances; if, in the case of a sale without
prior payment, full payment is, however, received before the
expiration of the five full business days and provided the proceeds
of the sale have not been withdrawn on or before the day on
which payment is received; or, in the case of delivery to another
broker/dealer, the delivering broker obtains from the receiving
broker a written statement that the securities are being accepted
for a "Special Cash Account" of the customer in which there
are already sufficient funds to make full cash payment for the
securities so received.
If the last day of either the thirty-five or ninety calendar
day period falls on a Saturday, Sunday, or holiday, such period
extends to the next full business day.
Extensions of Time
If any exceptional circumstances have prevented payment for
securities within periods specified in the Regulation, application
for limited extensions of time to obtain such payment may be
made to any national securities exchange or to the National
Association of Securities Dealers, Inc. The Association provides
a special form upon which applications may be made and requires
that only such form shall be used.
The Regulation is clear in its statement that applications for
extensions of time must be based upon exceptional circumstances,
and clear recitation of those circumstances in necessary. If
the periods of time allotted by the Regulation have expired,
a violation has already occurred, and no authorization exists
to grant an extension on such a transaction. In fact, an extension
erroneously granted after a violation has occurred is of no
value.
The foregoing is a brief review of those portions of the cash
account provisions of Regulation T with which a broker/dealer
is ordinarily concerned. There are many other provisions in
the Regulation which could be very important to any broker/dealer
whose business involves other than merely cash transactions.
Complete text of
Regulation T can be found
here.