Other Regulators and Agencies
Beyond the SEC and SROs, several other entities play specific roles in regulating markets, protecting investors, and setting economic policy. Each has a distinct jurisdiction, and the exam tests whether you know the boundaries.
Key Regulators
| Entity | Role | Key Facts |
|---|---|---|
| The Federal Reserve | Central bank of the U.S. | Controls monetary policy, sets margin requirements (Regulation T), influences interest rates |
| Department of the Treasury / IRS | Tax collection and fiscal policy | Sets tax rules affecting investment returns (capital gains rates, dividend taxation, municipal bond tax exemptions) |
| State regulators | Regulate securities within state borders | Administer blue-sky laws; register securities, broker-dealers, and investment advisers operating in their state |
| NASAA | North American Securities Administrators Association | Coordinates among state regulators; does not itself have enforcement power |
The Federal Reserve and Regulation T
- The Federal Reserve sets Regulation T, which governs how much credit broker-dealers can extend to customers for purchasing securities
- Under Reg T, the initial margin requirement is 50%, meaning a customer must deposit at least half the purchase price when buying securities on margin
- Reg T sets the initial requirement; FINRA Rule 4210 sets ongoing maintenance margin requirements
Exam Tip: Gotchas
- The Federal Reserve sets initial margin (Reg T at 50%). FINRA sets maintenance margin (Rule 4210). Questions often test which regulator controls which requirement.
State Regulators and Blue-Sky Laws
- Blue-sky laws are state-level securities regulations. The name comes from early efforts to protect investors from speculative schemes with no more substance than "so many feet of blue sky"
- State regulators can:
- Register securities offerings within their state
- Register broker-dealers and investment advisers operating in their state
- Investigate and take enforcement action against securities fraud
- NASAA (North American Securities Administrators Association) coordinates efforts among state regulators but is not itself a regulator
Exam Tip: Gotchas
- NASAA coordinates but does not regulate. Individual states are the actual regulators. NASAA is an association, not a government body.
- FDIC covers bank deposits only, never securities. If a question mentions a brokerage account, FDIC does not apply.
Investor Protection Organizations
SIPC - Securities Investor Protection Corporation
- SIPC protects customers of failed broker-dealers, created by the Securities Investor Protection Act of 1970 (SIPA)
- SIPC is a nonprofit membership corporation - it is not a government agency
Coverage limits:
| Coverage Type | Limit |
|---|---|
| Total protection (securities + cash) | $500,000 per customer |
| Cash-only sublimit | $250,000 per customer |
- Each separate account capacity (individual, joint, IRA) is treated as a unique customer with its own $500,000 limit
- FINRA Rule 2266 requires broker-dealers to inform customers about SIPC coverage
What SIPC does NOT cover:
- Market losses or declines in portfolio value
- Bad investment advice or unsuitable recommendations
- Fraud (SIPC covers missing assets, not losses from fraud schemes)
- Commodity futures contracts
- Fixed annuities
- Investments held outside a broker-dealer
Exam Tip: Gotchas
SIPC protects against broker-dealer insolvency (when assets are missing because the firm failed). It does NOT protect against market losses. If a question describes a customer losing money because stock prices fell, SIPC does not apply. SIPC only applies when the broker-dealer itself fails and customer assets are missing.
FDIC - Federal Deposit Insurance Corporation
- The FDIC insures bank deposits (checking, savings, CDs, money market deposit accounts) - not securities
- Coverage: up to $250,000 per depositor, per insured bank
FDIC vs. SIPC Comparison
| Feature | FDIC | SIPC |
|---|---|---|
| Protects | Bank deposits | Brokerage accounts |
| Coverage limit | $250,000 per depositor | $500,000 total ($250,000 cash) |
| Protects against | Bank failure | Broker-dealer failure |
| Does NOT cover | Securities, mutual funds | Market losses, bad advice |
| Funded by | Bank premiums | Broker-dealer assessments |
| Type of organization | Federal government agency | Nonprofit membership corporation |