Regulatory Notification
Each carrying or clearing member must notify FINRA in writing within 24 hours if one of the following occurs:
- • Its net capital falls below 150% of its minimum net capital requirement
- • Its aggregate indebtedness is more than 1,000% of its net capital (more than a 10:1 ratio)
- • Its deduction of capital withdrawals, which it anticipates making during the next six months, would result in either of the above conditions
Note: FINRA’s notification requirements with respect to net capital and aggregate indebtedness are more stringent than the SEC’s notification requirements, discussed in Chapter Three. Note the differences in the table that follows.
Net Capital Notification Requirements |
|||
Type of Firm |
Agency to notify |
Exceeds Criteria |
Timetable |
Firm that has been in business less than one year |
FINRA |
8:1 aggregate indebtedness |
Within 24 hours of discovery; in writing |
Established firm |
FINRA |
Below 150% of net capital |
Within 24 hours of discovery; in writing |
Established firm |
FINRA |
10:1 aggregate indebtedness |
Within 24 hours of discovery; in writing |
Established firm |
SEC |
Below 120% of net capital |