Online stockbroker firms have opened up the world of investing to anyone with a relatively small amount of money, a computer, and an Internet connection. These firms provide their clients with accounts andbuy and sellinvestment productssuch asstocks, mutual funds, bonds, ETFs, futures, and certificates of deposit (CDs) on their clients' behalf. Active investors who want to grow their moneymay have a large portion of their total liquid assetsin the form of cash and securitiesin such an account. While abank account isinsured, what happens to cash and investments that are tied up with a stockbrokerwho goesbust?
Although history does not contain too many examples of brokerage firms imploding, it doeshappen. This article explains the basic protections for investors and what toexpect if abroker goes out of business.
Sometimes brokerage firms fail due to impropriety or through no fault of their own, but often client assets are safe.
Key Takeaways
- If a brokerage fails, another financial firm may agree to buy the firm's assets and accounts will be transferred to the new custodian with little interruption.
- The government also provides insurance, known as SIPC coverage, on up to $500,000 of securities or $250,000 of cash held at a brokerage firm.
- The SIPC will try to recover the account value held at the time of the failure, and does not make up for losses due to price declines in individual securities.
- In order to receive SIPC coverage, account holders that have witnessed a brokerage failure must file a valid claim.
A Safety Net
Amultitier safeguard system is in place to protect investor assets. Protection isin the form of rules with which brokerage firms must comply. Therules help minimize the likelihoodof a total brokerage collapse and help shield clients should a brokerage fail.
Rule 15c3-1, "Net Capital Rule" of the U.S. Securities and Exchange Commission (SEC), makes it mandatory for brokerages to maintain a minimum amount of prescribed capital in liquid form. Rule 15c3-3, “Customer Protection Rule,” requires brokerage firms to keep client assets (both cash and securities) in a separateaccount from the firm’s assetsto avoid any confusion.
Also, the Securities Investor Protection Act of 1970 requires all broker-dealers already registered under the Securities Exchange Act of 1934 to be a member of the Securities Investor Protection Corporation (SIPC), a nonprofit, membership group that also functions as insurance for industrycustomers.
The Swinging Sixties
The U.S. stock markets were in a chaotic state towardthe end of the 1960s due to the "paperwork crunch." After an unexpected increasein trading volume, brokerfirms werenot equipped to handle trading activity because there wasinsufficientstaff at every levelfrom operations to management.
Unable to keep up with proper recordkeeping, broker operations became rife with incorrect transactionsand recording errors.There was a breakdown inthe processing mechanism, and the result was widespread chaos. At the time, there was no requirement for firms to segregate client funds and securities from the firm's assets.
When a firm went bankrupt, it could notreturn client funds or securities as recordswere inaccurate. Moreover, the firmmay have spent client funds paying off firm debts. In the ensuing chaos, some firms were acquired, some firm merged to survive, and many went out of business. Investors were losing confidence in the securities markets becausethe firms were not honoring their obligations totheir clients.
Congress Steps In
Congress decided to act to protect investors from failing brokerage firms andto bolster investor confidence in the securities markets. Congress passed the Securities Investors Protection Act that,in turn, created the Securities Investor Protection Corporation (SIPC)--a nonprofit industry membership organization that provides limited insurance for customers in cases where their brokerage firm defaults, becomes insolvent, or runs into a financial crisis.
SIPC protection is limited up to $500,000 for securities and cash or $250,000 for only cash. Before the inception of the SIPC, investors struggled torecovertheir assets and were forced to spend time and money on litigation.
According to the SIPC, “although not every investor or transaction is protected by SIPC, no fewer than 99 percent of persons who are eligible get their investments back with the help of SIPC. From its creation by Congress in 1970 through 2023 SIPC advanced $3.1 billion in order to make possible the recovery of $141.8 billion in assets for an estimated 773,000 investors.”
What Does the SIPC Cover?
When a brokerage firm, which is a member of SIPC, is financially troubled, SIPC protects the customers against the loss of securities and cash. Securities here include stocks, notes, treasury stocks, bonds, debentures, certificates of deposit, voting trust certificatesor any other instrument thatfits the definition of a security according to Statue 78III(14) of the Securities Investor Protection Act.
However, securities do not include currency, warrants or commoditiesor related futures or contracts. In thecase of cash, U.S. dollars or non-U.S. dollar currencies are both safeguarded provided the brokerage possessed themin connection with the sale and purchase of securities. An account holder at aSIPC-member brokerage firm is protected regardless of whether they area U.S. citizen or non-U.S. citizen.
Investors must be clear about the protection provided by SIPC. There can be a misconception that the SIPC is to brokerage accounts what the Federal Deposit Insurance Cover (FDIC) is to bank accounts. But SIPC and FDIC differ. While FDIC protects the customer 's cash in an account at an insured bank, SIPC does not safeguard the absolute value of the securities the customer holds, only the number of shares.
For example, ifan investor is holding 200 shares of ABC Inc.originally purchased through a failed stock broker,SIPC will work to replace or restore the same number of shares to the investor. However, if the stock price plummetsduring the timethe stock broker goesbust to the time thatthe SIPC steps in, the SIPC will not reimburse the money the investor lost.
What Happens When a Stockbroker Goes Bust?
Once the liquidation process begins, the court appoints a trustee for the broker-dealer. The firm’s office is closed while the trustee and staff scrutinize all documents, records, and books. During the process, SIPC plays a supervisory role.
In case the records of the failed brokerage firm are found to be accurate, provision is made to transfer the customer accounts to another brokerage firm by SIPC and the trustee. The customers are notified ofthe transfer of accounts, and that theycan continue with the new assigned broker or further pick a broker of choice. The customer should file a claim with the trustee on receiving the initial notification of thetransfer of the account. Remember, SIPC is not liable to protect customers who do not file a claim.
In some instances, the SIPC may follow a direct payment procedure. This is an out-of-court process and usually happens when all customer claims fall within the SIPC protection limits (i.e., they do not exceed $250,000 in aggregate). In such cases, there is no court proceeding or appointment of a trustee.
What Happens to My Stocks if My Broker Goes Out of Business?
When a stockbroker goes bankrupt, a court will appoint a trustee for the broker and its assets. The trustee will go through the broker's records to ensure that they are complete, before transferring customer accounts and assets to a new provider. In the event that customer funds or securities are lost, brokerage accounts are insured by the SIPC up to the amount of $500,000. Customer accounts and assets remain protected, although there may be a window of time when they cannot trade.
Do Stockbrokers Ever Go Bankrupt?
While rare, it is possible for a brokerage firm to go bankrupt. This usually happens as the result of brokerages that are part of a larger investment bank, which fails due to mismanagement or risk-taking by the parent company. Bear Stearns and Lehman Brothers are both examples of brokerages that failed due to overexposure to the subprime mortgage market. When that happens, regulators will work with the liquidated firm to make sure that customer assets are transferred to a new custodian.
How Does the SEC Protect Stock Traders?
The SEC has several regulations and requirements for brokerage firms that are intended to protect the broker's clients. The customer protection rule requires brokers to safeguard customer assets and prohibits them from being commingled with the broker's assets. And the net capital rule requires brokers to maintain a certain level of liquid capital to protect customers from monetary losses.
The Bottom Line
Although relatively rare, stockbroker firms do go out of business. Investors should select a stockbroker after due diligence, which includes ensuring that the broker offers SIPC protection (see the full list of SIPC members). Once you begin trading or buying investment products, ensure your records are in order. Following best practices, which includes keeping either a hard copy or electronic record of holdings, account statementsand trade confirmations will make filing an insurance claim with the SIPCmuch easier.
