SIPC Supplemental Report: Last Helpful Tip

I'm getting bored with this subject, I have to admit... but I looked into something and thought I'd pass along what I learned.

The "e-4 report," or "supplemental report" required under SEA 17a-5(e)(4), is a newly-unearthed requirement for SIPC members (read my two earlier blogs on this if you're confused right now: Sept. 24 and Nov. 10). FINRA sent out a little blurb that stated, "If your firm is a SIPC member and has net operating revenues of more than $500,000, your firm's auditor must complete the SIPC Supplemental Report..."

A helpful reader (I have readers! and some of them are helpful!!) was looking for the source of that $500,000 threshold. I, being busy, promised to look for it, but he, being helpful, found it himself and forwarded me FINRA's 89-25 NtM...here is the link to that: http://finra.complinet.com/en/display/display_main.html?rbid=2403&element_id=1400

This old Notice includes an SEC no-action letter that describes the $500,000 threshold. But SEC uses the term "total revenues" and FINRA, in said Notice, uses the term "gross annual revenue." Both of these terms contradict FINRA's newest descriptor, "net operating revenues."

So I called a woman at SIPC who is smart and kind and--again, this word--helpful! She explained that yes, it is indeed "total revenue"--that is, before deductions--and that the SEC no-action letter is the only reference to that exclusion/threshold. You won't find it anywhere else. She also surmised that this new assessment equation will be in place for a while--so get used to it, folks!

If you work for FINRA and you are reading this, a) why are you reading my blog? and b) to be helpful (pay it forward), tell someone at your shop about this discrepancy/miscommunication, so that firms may do what is required without being confused.

Thanks to Mr. A.C., who inspired today's blog entry.

Procrastination Pays Off Again: Red Flags Rule Enforcement Delayed

How did I miss this last week?? Received November 4...

"At the request of Members of Congress, the Federal Trade Commission (FTC) has delayed until June 1, 2010, its enforcement of the new Red Flags Rule. The rule requires most broker-dealers to have in place a written program to identity, detect and respond to patterns, practices or specific activities that could indicate identity theft ("red flags"). Enforcement of the Red Flags Rule, which implements a section of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), was previously scheduled to begin on November 1, 2009."

I wonder which "Members of Congress" we have to thank for this? Well, anyway, most small firms aren't pulling credit reports and don't have proprietary online account access systems that would be vulnerable to attack. So if you didn't put an Identity Theft Prevention Program in place by now, I understand why. And you know how I feel about introducing firms that open margin accounts being characterized as 'creditors' for the sake of this rule, right? Baloney. Let's hope with this third? fourth? delay, the enforcers-that-be will come to their senses on that topic.

SIPC Supplemental Report--Some More Help

On that SIPC supplemental report I discussed back in September... got this (see below) from FINRA the other day. Two things to note:

1. The $500,000 threshold -- I had not noted this in my earlier blog. Probably because I didn't know about it. This will spare some of you very small firms from having to procure this report from your auditor.
2. The AICPA site includes guidance on the 'e-4 report'--check out the link, below.

From FINRA:

SIPC Supplemental Report Requirement This year, SIPC raised its member's assessment to .0025 of each member's securities business net operating revenues. If your firm is a SIPC member and has net operating revenues of more than $500,000, your firm's auditor must complete the SIPC Supplemental Report under SEA Rule 17a-5(e)(4) for fiscal years ending April 30, 2009, through December 31, 2009. Auditors must complete and submit the Report, together with the Annual Audit, or the Audit will be deemed deficient. For guidance on what to include in the Report, see the American Institute for Certified Public Accountants Web site--http://www.aicpa.org/download/acctstd/AppendixG_V3_ff.pdf .