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ARTICLE · 31 OCTOBER 2013

Temporary Exemption From Certain SEC Financial Responsibility Rules Amendments

The limited exemption will provide broker-dealers with more time to make necessary operational or systems changes.

United StatesCorporate/Commercial Law
Robert Mendelson
Robert Mendelson
Mark Fitterman
Mark Fitterman
Beth Kiesewetter
Beth Kiesewetter

The limited exemption will provide broker-dealers with more time to make necessary operational or systems changes.

On October 17, the Securities and Exchange Commission (SEC) issued an order1 providing a temporary exemption for broker-dealers from certain of the financial responsibility rule amendments that were adopted on July 30, 2013. At that time, the SEC approved amendments to the net capital rule, the customer protection rule, the books and records rules, and the notification rules applicable to broker-dealers under the Securities Exchange Act of 1934.2 The Financial Responsibility Rules Amendments will, among other things, affect a broker-dealer's practices with respect to (1) proprietary accounts of broker-dealers, (2) the banks at which special reserve deposits may be deposited and maintained, (3) the holding of futures positions in a securities portfolio margin account, (4) securities lending and borrowing activities, (5) the treatment of free credit

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