Improving SIPC Act of 2013

Bill: 113-hr-827
Sponsor: full_name: Rep. Cassidy, Bill [R-LA-6]
Introduced: 2013-02-26
Policy area: Finance and Financial Sector
Subjects: Civil actions and liability

Consumer affairs

Financial services and investments

Judicial review and appeals

Securities
Latest action: action_date: 2013-02-26
text: Referred to the House Committee on Financial Services.

Summaries:
action_date: 2013-02-26
action_desc: Introduced in House
text: <p>Improving Security for Investors and Providing Closure Act of 2013 or Improving SIPC Act of 2013 - Amends the Securities Investor Protection Act of 1970 with respect to any action in a U.S. district court by the Securities and Exchange Commission (SEC) against the Securities Investor Protection Corporation (SIPC) in the event that SIPC refuses to commit funds or otherwise act for the protection of customers of any SIPC member (debtor broker or dealer).</p> <p>Authorizes SIPC, at the time the SEC action initiates such action, to allow all customers of the debtor broker or dealer to elect to receive a one-time payment from the SIPC Fund.</p> <p>Prescribes procedures for such customer election. Limits the amount paid to a customer under such election to the lesser of: (1) the customer's net equity claim against the debtor, and (2) a $500,000 cap on one-time payments.</p> <p>Subrogates SIPC to all rights of the customer receiving a one-time payment against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. </p> <p>Treats a certificate of deposit (CD) purchased by a person through an account with the debtor as cash deposited and held by the debtor in an amount equal to the amount the person paid for the CD, less any amounts paid to such person on the CD.</p> <p>Permits a person prevented from making an election under this Act because SIPC does not identify such person as a customer of the debtor to challenge that determination in federal district court. </p>

tv_txt: I 113th CONGRESS 1st Session H. R. 827 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Cassidy (for himself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Investor Protection Act of 1970 to provide one-time payments from the SIPC Fund for customers during a pending lawsuit by the Securities and Exchange Commission against the Securities Investor Protection Corporation, and for other purposes.

1. Short title This Act may be cited as the Improving Security for Investors and Providing Closure Act of 2013 or the Improving SIPC Act of 2013 . 2. Customer payment during pending action (a) In general Section 11 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Customer payment during pending action (1) One-time payment permitted (A) In general At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund. (B) Customer election If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election. (2) Method of payment (A) In general To the extent practicable, one-time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act. (B) Payment amount limited to claims The amount paid to a customer under this subsection shall be equal to the lesser of— (i) the customer’s net equity claim against the debtor; and (ii) the cap set under paragraph (3). (3) Cap on one-time payments At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap— (A) shall not exceed $500,000; and (B) shall apply equally to all customers of the debtor. (4) Effect of election (A) No SIPC advance Section 9(a) shall not apply with respect to any customer who receives a one-time payment under this subsection. (B) Subrogation With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer’s net equity claim against the debtor. (5) Notice; technical assistance If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall— (A) promptly notify each customer of the debtor of their rights under this subsection; and (B) provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B). (6) Treatment of certificates of deposit For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit. (7) Judicial review of certain SIPC determinations With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor. (8) Rulemaking SIPC may issue such regulations as may be necessary to carry out this subsection. (9) Debtor defined For purposes of this subsection, the term debtor means the broker or dealer that is the subject of the action brought under subsection (b). . (b) Application With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg(b) ) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act. (c) Rule of Construction A person’s qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act.