Financial Responsibility and Funding

Quick Answer

Financial responsibility is a stack of overlapping floors and triggers. The net capital rule sets liquid-asset minimums by firm type, the customer protection rule segregates customer assets, FOCUS reports and early-warning notices give regulators visibility, Regulation T and FINRA margin govern credit, and SIPC backstops the customer if the firm still fails.

The biggest, most numeric unit on the exam condensed to one sheet: capital, reserves, margin, disclosures, and insurance.


The One-Liners That Win Points

  • Net capital (NC) is a liquid-asset floor for wind-down: a firm below minimum must cease securities business until cured. Furniture, prepaid expenses, and goodwill are non-allowable (subtracted in full); securities take haircuts.
  • Two computation methods: Basic (aggregate indebtedness cannot exceed 15 times NC) or Alternative (2% of aggregate debit items). Election is filed with the Designated Examining Authority (DEA), which is FINRA for most, not the SEC.
  • Customer protection rule has two pillars: possession or control of fully paid and excess margin securities, plus a Special Reserve Bank Account for customer cash.
  • Excess margin securities = market value above 140% of the customer's debit balance (the 140% is on the debit, not the market value).
  • Free credit balances are general firm liabilities the firm may use in its business, payable on demand, disclosed to the customer at least quarterly.
  • Reg T sets initial margin (50%); FINRA margin sets maintenance (25% long, 30% short) and covers instruments Reg T does not.
  • Hypothecation rules: no customer-to-firm commingling (absolute, even with consent); customer-to-customer commingling needs each customer's consent; never pledge above the customer's debt; notify the pledgee the securities are customer property.
  • SIPC covers the disappearance of customer assets when the firm fails, never market losses.

Numbers to Lock In

ItemValue
NC minimum, carrying / clearing firm$250,000
NC minimum, introducing firm (receives funds)$50,000
NC minimum, introducing firm (no funds / securities)$5,000
NC minimum, prime / executing broker$1,000,000
NC minimum, market maker$2,500 per security, generally not below $100,000
NC minimum, mutual fund retailer (subscription-way)$25,000
FCM that is also a BDgreater of BD requirement or 4% of segregated funds
Basic Method ceilingaggregate indebtedness up to 15 times NC
Alternative Method floorNC at least 2% of aggregate debit items
Subordinated loan minimum term1 year (DEA pre-approval required)
Early-warning ladder150% (FINRA) / 120% (SEC 24-hour) / 100% (SEC same-day)
Basic-Method early-warning AI triggeraggregate indebtedness above 12:1 (1,200%), 24-hour notice
Alternative-Method early-warning triggerNC below 5% of debit items, 24-hour notice
Expansion-restriction windows15 consecutive business days of condition, 5-day knowledge gate
Excess margin securities thresholdmarket value above 140% of debit balance
Reserve computation, defaultweekly (Friday close, deposit by Tuesday)
Reserve computation, daily trigger$500 million or more average total credits
FOCUS Part IImonthly, within 17 business days
FOCUS Part IIAquarterly, within 17 business days
FOCUS Part III (annual audit)within 60 calendar days of fiscal year-end
Auditor-engagement statementfiled by December 10, dated by December 1
Reg T initial margin50% of purchase price
Reg T payment dateS+2 (T+3 under T+1 settlement)
Cash-account freeze for unpaid purchase90 days
FINRA maintenance margin25% long / 30% short
Pattern Day Trader minimum equity$25,000
Day-trading call cure / restriction5 business days to meet, then 90-day cash-available restriction
Portfolio margin eligibilityequity of $100,000 or more
New-issue credit restriction30-day prohibition on financing a distributed security
Fully-paid securities lending, advance FINRA notice30 days
Carrying new introducing firm, advance FINRA notice10 business days (with CRD number)
Short-interest reporting cadencetwice monthly (15th and last business day)
Short-interest filing deadline6:00 p.m. ET, second business day after settlement date
Fidelity bond, NC requirement below $250,000greater of 120% of NC requirement or $100,000
Fidelity bond, NC requirement $250,000+tabular; per-loss coverage, no aggregate limit
Fidelity bond deductible cap25% of coverage (excess above 10% deducted from net worth)
Fidelity bond recalibrationhighest NC requirement in prior 12 months
Lost / stolen securities inquiry thresholdmore than $10,000 (query the SIC first)
SIPC coverage$500,000 total per separate customer per capacity
SIPC cash sub-limit$250,000 (within the $500,000, not on top)
Nonresident-records productionwithin 14 days of written SEC demand
Equity settlement cycleT+1

Top Gotchas

  • Below minimum = same-day notice; 120% of minimum = 24-hour notice. "Below minimum" is a live violation; the 120% and 150% triggers are early warnings.
  • The $5,000 floor is only for introducing firms that never receive customer funds or securities. Touching customer funds at any point pushes the floor to $50,000.
  • The 150% FINRA trigger applies only to carrying / clearing firms. Pure introducing firms go straight to the SEC's 120% / 100% triggers.
  • Expansion restriction needs BOTH the 15-day continuation AND the 5-day knowledge gate. Curtailment is a more aggressive step that forces the firm to shrink, not just freeze.
  • The $250,000 cash sub-limit sits inside the $500,000 SIPC total. $300,000 securities plus $300,000 cash = $500,000 covered, $50,000 of cash uncovered.
  • Each SIPC capacity gets a fresh $500,000 / $250,000 limit. Individual, joint, and IRA at one firm = three separate coverages.
  • Fully-paid securities loaned with customer consent are NOT SIPC-covered; the customer relies only on the firm-posted, daily-marked collateral.
  • Fidelity bond deductibles above 10% reduce net capital; small firms must not forget the $100,000 floor beneath the 120%-of-NC test.
  • Non-PCAOB-registered auditor = a FOCUS reporting violation even if the audit itself is flawless.
  • Short-interest reporting is a reporting rule; the substantive short-sale conduct rules live in Regulation SHO.

One-Breath Recap

Financial responsibility is a system of overlapping floors and triggers. The net capital rule sets liquid-asset minimums by firm type ($250,000 carrying, $50,000 or $5,000 introducing, $1,000,000 prime broker, $100,000 market maker, $25,000 mutual fund retailer) and a ratio (15:1 aggregate indebtedness under the Basic Method, 2% of debits under the Alternative Method). The customer protection rule segregates customer securities under possession or control and customer cash in the Special Reserve Bank Account, computed weekly (or daily above $500 million in average credits). FOCUS reports and the 150 / 120 / 100 early-warning ladder keep regulators informed. Regulation T sets 50% initial margin and the 90-day cash-account freeze; FINRA sets 25% / 30% maintenance and the $25,000 Pattern Day Trader floor. Hypothecation caps pledging at the customer's debt, and SIPC backstops the customer at $500,000 total ($250,000 cash) if the firm fails anyway. Master the dollar figures and this twenty-five-section unit answers itself.


Need more than the recap? This is a condensed summary. If it is not enough, read the full Financial Responsibility and Funding unit for the complete lesson.