Reading the booklet
How SIPC Protects You is an essential first step in becoming acquainted
with the protection of securities accounts provided to our customers. It can be
read and copied on the Website of the Securities Investor Protection
Corporation at www.sipc.org or your investment executive can furnish you with a
copy. In addition, we have purchased from underwriting syndicates at Lloyd's of
London additional security protection to cover the net equity of customer’s
accounts up to an aggregate of $100 million. Our capital strength –
approximately $200 million – also protects our customers. Historically, the
firm has always maintained greater capital than required by any regulatory
authority..
KEY PROVISIONS
Te following presents a simplified summary of the most important
provisions of the additional protection we have purchased. It does not contain
the legal documents that actually govern coverage. The full policy terms,
conditions and limitations always govern. This summary does not alter the terms
of the excess securities policy in any way and cannot be used to support a
claim in the event of loss.
There are several important conditions to the excess securities
protection.
-
Coverage is provided in addition to pro-rata return by a Trustee
and the $500,000 SIPC limit provided by the Securities Investor Protection Act
of 1970 as amended.
-
The policy covers only customer claims for loss of securities
that would have been recoverable except for SIPC's limit.
-
When SIPC files application for a protective court decree in
accordance with the Securities Investor Protection Act, the filing date shall
be the date of valuation of securities. Trustee returns and SIPC and
supplementary insurer protection does not apply to any decline in the market
value of your securities.
-
The policy is renewable annually on March 30.
ADEQUACY OF
COVERAGE
In the unlikely event of a liquidation process under the provisions
of the Securities Investor Protection Act, all customers would share
proportionately in any shortage in cash and securities belonging to customers.
Here is a specific example: Southwest Securities typically holds $19.5 billion
of customer assets - most are physically located at the Depository Trust
Company, a central facility established to hold and deliver securities for
brokerage firms and commercial banks.
For purpose of example, let's assume a failure with a very large initial
shortage of $500 million. Although we believe our internal controls and
safeguards would prevent such a shortage from occurring, it would be 3% of the
$19.5 billion we hold for customers. A SIPC trustee would, therefore, return
from customer property on hand 97% of each customer's account.
In addition, under SIPC* each customer would be entitled to replacement of any
shortage up to $500,000 (including up to $100,000 in cash) and would share with
other non-customer creditors in any remaining firm assets. The example of a
$500 million shortage is illustrated in the table below.
Customer
Account
Valued at |
Customer's
Pro-rata Share
of Assets |
Amount of
SIPC
Assistance |
Customer's
Amount From
the Policy |
Customer
Loss
Equals |
|
|
|
|
|
|
| $50,000
|
$48,500
|
$1,500
|
$0
|
$0 |
| $1,000,000 |
$970,000
|
$30,000 |
$0 |
$0 |
| $5,000,000 |
$4,850,000
|
$150,000 |
$0 |
$0 |
| $18,000,000 |
$17,460,000
|
$500,000 |
$40,000
|
$0 |
| $25,000,000
|
$24,250,000
|
$500,000 |
$250,000
|
$0 |
| $40,000,000 |
$38,800,000 |
$500,000 |
$700,000 |
$0 |
Expressed in general terms, federal law requires broker/dealers to:
-
Maintain accurate records of securities and monies they hold for
each customer.
-
Promptly take possession and control of securities purchased and
hold customer securities identified as such in approved locations.
-
Make weekly computations of customer money balances and cash
representing any customer securities not actually in possession and to deposit
any such balances in bank accounts identified as being for the benefit of
customers
The law permits customer cash balances to be used to finance fully
collateralized margin loans. Southwest Securities, Inc. is subject to periodic
reviews by regulatory organizations, including the New York Stock Exchange, the
Financial Industry Regulatory Authority, and the Securities and Exchange
Commission. Southwest Securities, Inc. makes a diligent effort to comply with
all securities laws, including those designed to safeguard customer
assets.
See the SIPC booklet for all definitions. For example, the
securities we hold in customer name without stock powers are returned
separately without affecting the distribution shown in the table. All examples
are assumed to be accounts with less than $100,000 in cash balances.
|