§ 405.2 Reports to be made by registered government securities brokers and dealers. ( a ) Every registered government securities broker or dealer, except a government securities interdealer broker subject to the financial responsibility requirements of § 402.1(e) of this chapter and a government securities broker or dealer that is also a futures commission merchant registered with the CFTC, shall comply with the requirements of § 240.17a-5 of this title (SEC Rule 17a-5), with the following modifications: ( 1 ) References to “broker or dealer” include registered government securities brokers and dealers.
( 2 ) References to “rules of the Commission” or words of similar import include, where appropriate, the regulations contained in this subchapter.
( 3 ) References to Form X-17A-5 mean Form G-405 (§ 449.5 of this chapter).
( 4 ) For the purposes of § 240.17a-5(a)(4) of this title, the Commission may, on the terms and conditions stated in that subparagraph, declare effective a plan with respect to Form G-405, in which case, that plan shall be treated the same as a plan approved with respect to Form X-17A-5.
( 5 ) References to “net capital” mean “liquid capital” as defined in § 402.2(d) of this chapter.
( 6 ) References to § 240.15c3-1, relating to net capital, mean § 402.2 of this chapter.
( 7 ) Paragraph 240.17a-5(c)(2)(ii) is modified to read as follows: “(ii) A footnote containing a statement of the registered government securities broker's or dealer's liquid capital, total haircuts, and ratio of liquid capital to total haircuts, determined in accordance with § 402.2 of this title. Such statement shall include summary financial statements of subsidiaries consolidated pursuant to § 402.2c of this title, where material, and the effect thereof on the liquid capital, total haircuts and ratio of liquid capital to total haircuts of the registered government securities broker or dealer.”.
( 8 ) References to § 240.15c3-3 and the exhibits thereto, relating to possession or control of customer securities and reserve requirements, mean § 403.4 of this chapter.
( 9 ) The reference to § 240.15b1-2 of this title, relating to financial statements to be filed upon registration, means § 240.15Ca2-2.
( 10 ) The supplemental report described in § 240.17a-5(e)(4) of this title, concerning the Securities Investor Protection Act, is not required.
( 11 ) The statement described in § 240.17a-5(f)(2) of this title shall be headed “Notice Pursuant to Section 405.2,” and shall be filed within 30 days following the effective date of registration as a government securities broker or dealer.
( 12 ) References in § 240.17a-5(h)(2) of this title to § 240.17a-11 mean § 405.3(a) of this chapter.
( b ) A government securities interdealer broker subject to the financial responsibility requirements of § 402.1(e) of this chapter shall comply with the requirements of § 240.17a-5 of this title (SEC Rule 17a-5), with the following modifications: ( 1 ) References to “broker or dealer” include government securities interdealer brokers;
( 2 ) References to “rules of the Commission” or words of similar import include, where appropriate, the regulations contained in this subchapter.
( 3 ) References to “net capital” mean net capital calculated as provided in § 402.1(e) of this chapter.
( 4 ) References to § 240.15c3-1, relating to net capital, include the modifications contained in § 402.1(e) of this chapter.
( 5 ) References to § 240.15c3-3 and the exhibits thereto, relating to possession or control of customer securities and reserve requirements, mean § 403.4 of this chapter.
( 6 ) The reference to § 240.15b1-2 of this title, relating to financial statements to be filed upon registration, means § 240.15Ca2-2.
( 7 ) The supplemental report described in § 240.17a-5(e)(4) of this title, concerning the Securities Investor Protection Act, is not required.
( 8 ) The statement described in § 240.17a-5(f)(2) of this title shall be headed “Notice Pursuant to Section 405.2” and shall be filed within 30 days following the effective date of registration as a government securities broker.
( 9 ) References in § 240.17a-5(h)(2) of this title to § 240.17a-11 mean § 405.3(b) of this chapter.
( c ) A registered government securities broker or dealer that is also a futures commission merchant registered with the CFTC shall comply with the requirements of § 240.17a-5 of this title (SEC Rule 17a-5), with the following modifications: ( 1 ) References to “broker or dealer” include registered government securities brokers and dealers.
( 2 ) References to “rules of the Commission” or words of similar import include, where appropriate, the regulations contained in this subchapter.
( 3 ) References to § 240.15c3-3 and the exhibits thereto, relating to possession or control of customer securities and reserve requirements, mean § 403.4 of this chapter.
( 4 ) The reference to § 240.15b1-2 of this title, relating to financial statements to be filed upon registration, means § 240.15Ca2-2.
( 5 ) The supplemental report described in § 240.17a-5(e)(4) of this title, concerning the Securities Investor Protection Act, is not required.
( 6 ) The statement described in § 240.17a-5(f)(2) of this title shall be headed “Notice Pursuant to § 405.2,” and shall be filed within 30 days following the effective date of registration as a government securities broker or dealer.
( 7 ) References in § 240.17a-5(h)(2) of this title to § 240.17a-11 mean § 405.3(c) of this chapter.
(Approved by the Office of Management and Budget under control number 1535-0089) [52 FR 27954, July 24, 1987, as amended at 60 FR 11026, Mar. 1, 1995; 64 FR 1737, Jan. 12, 1999; 79 FR 38456, July 8, 2014]