Quick Answer
Ordinary customer margin borrowing for eligible securities transactions uses a broker-dealer-approved margin account, while Regulation T also provides special-purpose accounts that may finance specified transactions. Cash-account customers pay in full and do not borrow. A marginable security or collateral alone does not authorize credit. Firm approval of the account and the customer's signed margin agreement are both required.
Before applying margin requirements, determine whether the account itself permits borrowing.
Does the Account Permit Borrowing?
- Cash account: The customer pays in full for purchases and does not borrow from the broker-dealer for securities transactions.
- Margin account: An approved account in which the customer may borrow from the broker-dealer for eligible securities transactions.
- Margin eligibility: A cash account does not become a margin account merely because securities are held as collateral.
Account approval → authority to extend credit. Holding collateral without approval → no authority to extend margin credit.
What Authorizes the Firm to Extend Margin Credit?
- Margin agreement: The customer agreement that authorizes the broker-dealer to extend credit and identifies the customer's obligations in a margin account.
- Customer authorization: Firm approval of the account and the customer's signed margin agreement are both required before the firm may lend. Approval alone does not authorize credit.
- The margin agreement documents the credit relationship between the firm and customer.
Exam Tip: Gotchas
A marginable security does not itself permit borrowing. Ordinary customer borrowing requires a broker-dealer-approved margin account and agreement to its terms, unless the transaction is specifically permitted in a special-purpose account.
What Should You Check on Exam Day?
- Determine whether the customer must pay in full or may borrow.
- Confirm that ordinary customer borrowing uses a broker-dealer-approved margin account, unless the transaction is specifically permitted in a special-purpose account.
- For a margin account, look for the customer's agreement to the margin-account terms.
- Do not treat marginable collateral by itself as authority to extend credit.