SIPC and Other Account Insurance
Accounts are protected through a combination of SIPC insurance
and private insurance. SIPC (Securities Investor Protection
Corporation) insurance is not the same as FDIC insurance. SIPC
coverage provides that, in the event of broker/dealer failure,
it will protect securities customers of its members up to $500,000
(including $100,000 for claims for cash). An explanatory brochure
is available upon request or by visiting
www.sipc.org.
Additional private insurance has been obtained to cover accounts
up to 99.5 million. Neither SIPC nor private insurance protects
investors against market fluctuations or losses.
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 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 protections are
commodity futures contracts, fixed annuity contracts, and
currency, as well as 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 tranferred
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 him or her. 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.
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 2001, SIPC advanced $513 million in
order to make possible the recovery of $13.9 billion in assets
for an estimated 622,000 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.
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 attempt to prevent 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.
4. Who is not eligible for
SIPC protections?
Most customers are eligible for SIPC assistance. However, SIPC's
funds may not be used to pay claims of any failed brokerage
firm customer who also is:
- A general partner, officer, or director of the firm.
- 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
form?
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 form 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.
AVOIDING INVESTMENT FRAUD
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:
You can find a list of the best investment fraud education resources
on the Web by visiting SIPC on the Web at
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.
The U.S. Securities and Exchange Commission's Office of Investor
Education and Assistance has reviewed this publication. The
SEC does not endorse the commercial activities, products, or
members of this or any other private organization.
TEXT OF THIS BROCHURE ISSUED BY SIPC AND
ONLY SIPC MAY MAKE CHANGES
BestVest Investments, Ltd.'s Memberships
and Licenses.
BestVest Investments, Ltd. is a member of the National Association
of Securities Dealers, Inc. (NASD), and the Securities Investor
Protection Corporation (SIPC), and the Municipal Securities
Rulemaking Board (MSRB). Our affiliate and clearing firm,
Mesirow Financial is a member firm of the New York Stock Exchange
and other principal exchanges.
BestVest Investments, Ltd. is licensed to do business in all
50 states.