2023-07-12 SEC Press pdf 264 KB 5,125 chars

Rule 15c3-3, known as the Customer Protection Rule, requires broker-dealers that maintain

summary

The SEC proposed enhancing Rule 15c3-3 to require large broker-dealers with $250M+ in average total credits to perform daily reserve computations and deposit funds within one hour of banking open the next day, reducing customer fund mismatch risks—no fraud or charges involved, only regulatory reform.

paragraph

The U.S. Securities and Exchange Commission proposed amending Rule 15c3-3 to require broker-dealers with average total credits of $250 million or more to perform daily computations of cash owed to customers and PAB account holders, up from the current weekly requirement. These firms must deposit any shortfall into reserve accounts no later than one hour after banking opens on the following business day, using a 12-month rolling average of FOCUS Report data to determine threshold eligibility. The rule change aims to reduce the risk of customer asset mismatches during periods of large cash inflows and gives firms six months to implement systems; reverting to weekly computations requires 60 days’ written notice.

narrative

The U.S. Securities and Exchange Commission proposed enhancements to Rule 15c3-3, the Customer Protection Rule, to strengthen safeguards for customer cash and securities held by broker-dealers. Under the proposal, carrying broker-dealers with average total credits of $250 million or more—calculated as a 12-month rolling average from their FOCUS Reports—must perform daily computations of net cash owed to customers and PAB account holders, replacing the current weekly requirement. Deposits to cover any shortfall must be made no later than one hour after banking opens on the next business day, minimizing the window during which reserve holdings may fall short of obligations. Firms exceeding the threshold have six months to implement the necessary systems and staffing changes before compliance is mandatory. If a firm’s average total credits later fall below $250 million, it may revert to weekly computations only after providing 60 days’ written notice to its designated examining authority. The proposal is not a response to fraud or enforcement action but a proactive measure to reduce systemic risk from cash inflow mismatches. It applies only to large broker-dealers and does not impose penalties, fines, or criminal charges. The public comment period remains open for 60 days after publication on the SEC website or 30 days after Federal Register publication, whichever is longer.

Enriched metadata

Scheme
unclassified
Classified unclassified. No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →
Parties
average total creditscustomer reserve computationspab reserve computationsSecurities and Exchange Commission
Keywords
carrying broker-dealercarryingcustomerbroker-dealertotal creditsbroker-dealerspabcashcarrying broker-dealersaccount holderssecuritiesreservecomputationsaccountcustomer protection

Extracted insights

Dollar amounts 2
  • $250.00M $250 million $100M–$1B
  • $250.00M $250 million $100M–$1B
Entities 4
  • person average total credits
  • person customer reserve computations
  • person pab reserve computations
  • agency Securities and Exchange Commission
Triples 6
  • SEC Proposed Enhancements Rule 15c3-3
  • Carrying Broker-Dealers Required To Increase Frequency Customer Reserve Computations
  • Carrying Broker-Dealers Required To Increase Frequency PAB Reserve Computations
  • Carrying Broker-Dealers With Average Total Credits >= $250 Million Required To Compute Daily
  • Carrying Broker-Dealers Required To Make Deposits No Later Than One Hour After Opening Of Banking Business
  • Average Total Credits Defined As Arithmetic Mean Of Sum Of Total Credits Reported In Twelve Most Recent FOCUS Reports
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FACT SHEET
Proposed
Enhancements to the
Broker-Dealer Customer
Protection Rule
U.S. SECURITIES AND EXCHANGE COMMISSION  PAGE 1 OF 2

Why This Matters
Rule 15c3-3, known as the Customer Protection Rule, requires broker-dealers that maintain
custody of customer securities and cash (“carrying broker-dealers”) to have a special reserve
account at a bank that must hold cash and/or qualified securities in an amount determined
by a computation of the net cash owed to the carrying broker-dealer’s customers. Generally,
carrying broker-dealers are required to perform the customer reserve computation and make
any  required  deposits  into  the  customer  reserve  bank  account  weekly.  Carrying  broker-
dealers also perform a similar computation and make the required deposit, generally on a
weekly basis, for the net cash a carrying broker-dealer owes to other broker-dealers whose
accounts  the  broker-dealer carries,  known  as  PAB  account  holders  (i.e.,  proprietary
securities account of a broker-dealer).
Carrying broker-dealers may receive large cash inflows that are not deployed for or on behalf
of their customers or PAB account holders for the purpose of investing in securities prior to
the next required customer and PAB reserve computations and the associated deposits into
the  customer  and  PAB  reserve  bank  accounts.  When  this  occurs,  the  value  of  the  cash
and/or qualified securities in the customer and PAB reserve bank accounts may not equal
the net cash owed to customers and PAB account holders for a period of time. This mismatch
poses a risk to the carrying broker-dealer’s customers and PAB account holders that, if the
carrying broker-dealer fails financially, it may not be able to return all of the securities and
cash owed to the customers and PAB account holders. The proposal is intended to address
this potential mismatch  risk  by  shortening  the  time  between  required  computations  and
deposits.

How This Rule Would Apply
The  proposal  would  require  carrying  broker-dealers  with  large  total  credits  (generally  the
amount of cash owed to customers and PAB account holders) to increase the frequency of
their customer and PAB reserve computations from weekly to daily. Specifically, the proposal
would require carrying broker-dealers with average total credits equal to or greater than $250
million to make the relevant computations daily, as of the close of the previous business day.

The Securities and Exchange Commission proposed enhancements to  Rule 15c3-3—the rule
that  protects  a  customer’s  cash  and  securities  held  at  a  broker-dealer—to require certain
broker-dealers to increase  the  frequency  of  the  computations  of  the  net  cash  they owe  to
customers and other broker-dealers from weekly to daily.

FACT SHEET | Proposed Enhancements to the Broker-Dealer Customer Protection Rule

U.S. SECURITIES AND EXCHANGE COMMISSION  Page 2 of 2
Those carrying broker-dealers would be required to make deposits no later than one hour
after the opening of banking business on the following business day. For example, a carrying
broker-dealer performing a computation on Tuesday as of the close of business on Monday
would be required to make the deposit on Wednesday, assuming all three days are business
days.
The proposal would define average total credits as the arithmetic mean of the sum of total
credits reported in a carrying broker-dealer’s customer and PAB reserve computations in    its
12  most  recently  filed  month-end financial  and  operational  reports  (known  as  FOCUS
Reports). This means the average total credits would be a 12-month rolling average, as the
carrying  broker-dealer  would  add  up  the  sum  of  the  total  credits  reported  in  the  customer
and  PAB  reserve  computations  in  each  of  the  12 most  recently  filed  month-end  FOCUS
Reports and divide that amount by 12 to calculate the arithmetic mean of the total credits.
The  proposal  would  also require  that  a  carrying  broker-dealer  comply  with  the  daily
computation requirement for the customer and PAB reserve bank accounts no later than six
months after having exceeded the $250 million threshold. This is intended to provide time
for a carrying broker-dealer to make the systems and staffing changes necessary to perform
a daily computation after it exceeds the $250 million threshold.
In the event that a carrying broker-dealer’s average total credits subsequently fall below the
$250 million threshold, the proposed amendments would require it to continue performing
daily computations and provide written notification to its designated examining authority of
its election to perform weekly computations. The carrying broker-dealer would be required
to provide such notification 60 days prior to reverting to weekly computations.

Additional Information:
The public comment period will remain open for 60 days following publication of the proposing release on the
SEC website or 30 days following publication of the proposing release in the Federal Register, whichever period
is longer.
OCR text (5,128c · tika · 95% conf)
FACT SHEET 
Proposed 
Enhancements to the 
Broker-Dealer Customer 
Protection Rule  

U.S. SECURITIES AND EXCHANGE COMMISSION  PAGE 1 OF 2 

 

 
Why This Matters 
Rule 15c3-3, known as the Customer Protection Rule, requires broker-dealers that maintain 
custody of customer securities and cash (“carrying broker-dealers”) to have a special reserve 
account at a bank that must hold cash and/or qualified securities in an amount determined 
by a computation of the net cash owed to the carrying broker-dealer’s customers. Generally, 
carrying broker-dealers are required to perform the customer reserve computation and make 
any required deposits into the customer reserve bank account weekly. Carrying broker-
dealers also perform a similar computation and make the required deposit, generally on a 
weekly basis, for the net cash a carrying broker-dealer owes to other broker-dealers whose 
accounts the broker-dealer carries, known as PAB account holders (i.e., proprietary 
securities account of a broker-dealer). 

Carrying broker-dealers may receive large cash inflows that are not deployed for or on behalf 
of their customers or PAB account holders for the purpose of investing in securities prior to 
the next required customer and PAB reserve computations and the associated deposits into 
the customer and PAB reserve bank accounts. When this occurs, the value of the cash 
and/or qualified securities in the customer and PAB reserve bank accounts may not equal 
the net cash owed to customers and PAB account holders for a period of time. This mismatch 
poses a risk to the carrying broker-dealer’s customers and PAB account holders that, if the 
carrying broker-dealer fails financially, it may not be able to return all of the securities and 
cash owed to the customers and PAB account holders. The proposal is intended to address 
this potential mismatch risk by shortening the time between required computations and 
deposits. 

 

How This Rule Would Apply 
The proposal would require carrying broker-dealers with large total credits (generally the 
amount of cash owed to customers and PAB account holders) to increase the frequency of 
their customer and PAB reserve computations from weekly to daily. Specifically, the proposal 
would require carrying broker-dealers with average total credits equal to or greater than $250 
million to make the relevant computations daily, as of the close of the previous business day. 

 
The Securities and Exchange Commission proposed enhancements to Rule 15c3-3—the rule 
that protects a customer’s cash and securities held at a broker-dealer—to require certain 
broker-dealers to increase the frequency of the computations of the net cash they owe to 
customers and other broker-dealers from weekly to daily. 
 



FACT SHEET | Proposed Enhancements to the Broker-Dealer Customer Protection Rule  
 

U.S. SECURITIES AND EXCHANGE COMMISSION  Page 2 of 2 

Those carrying broker-dealers would be required to make deposits no later than one hour 
after the opening of banking business on the following business day. For example, a carrying 
broker-dealer performing a computation on Tuesday as of the close of business on Monday 
would be required to make the deposit on Wednesday, assuming all three days are business 
days. 

The proposal would define average total credits as the arithmetic mean of the sum of total 
credits reported in a carrying broker-dealer’s customer and PAB reserve computations in its 
12 most recently filed month-end financial and operational reports (known as FOCUS 
Reports). This means the average total credits would be a 12-month rolling average, as the 
carrying broker-dealer would add up the sum of the total credits reported in the customer 
and PAB reserve computations in each of the 12 most recently filed month-end FOCUS 
Reports and divide that amount by 12 to calculate the arithmetic mean of the total credits. 

The proposal would also require that a carrying broker-dealer comply with the daily 
computation requirement for the customer and PAB reserve bank accounts no later than six 
months after having exceeded the $250 million threshold. This is intended to provide time 
for a carrying broker-dealer to make the systems and staffing changes necessary to perform 
a daily computation after it exceeds the $250 million threshold.  

In the event that a carrying broker-dealer’s average total credits subsequently fall below the 
$250 million threshold, the proposed amendments would require it to continue performing 
daily computations and provide written notification to its designated examining authority of 
its election to perform weekly computations. The carrying broker-dealer would be required 
to provide such notification 60 days prior to reverting to weekly computations. 

 

Additional Information: 
The public comment period will remain open for 60 days following publication of the proposing release on the 
SEC website or 30 days following publication of the proposing release in the Federal Register, whichever period 
is longer.  


	Why This Matters
	How This Rule Would Apply
	Additional Information: