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SEC to Brokerage Firms: You Need to Supervise Subaccounts

The Securities and Exchange Commission is warning broker-dealers it will scrutinize the procedures they use to ensure they don’t run afoul of the new market access rule when dealing in subaccounts used by disreputable day traders.

In a communique made on Sept. 29 entitled “National Exam Risk Alert,” the SEC’s Office of Compliance Inspections and Examinations says in many cases, the registered broker-dealer with subaccounts will obtain information only with respect to its customer, the owner of the master account. That means, the broker-dealer won’t know who is using its market participant symbol –or MPID– to trade. That lack of knowledge opens the broker-dealer up legal and reputational risks.

The new market access rule, otherwise known as Rule 15c3-5 requires broker dealers to have sufficient risk management controls and supervisory procedures in place to manage the financial, regulatory and other risks with providing a customer with access to the broker-dealer’s trading systems and technology to execute orders.

In a master or sub-account trading model, a customer opens an account with a registered broker-dealer that permits the customer to have subordinate or subaccounts for different trading activities. In some instances, these subaccounts are further divided.

SEC (Securities and Exchange Commission) lawyers specialize in navigating the complex regulatory landscape of securities law in the United States. These legal professionals play a crucial role in ensuring that companies comply with federal securities regulations, which are designed to protect investors and maintain the integrity of financial markets.

An SEC lawyer’s responsibilities include advising clients on matters related to securities offerings, mergers and acquisitions, corporate governance, and compliance with SEC rules. They also represent clients in investigations and enforcement actions brought by the SEC, where they defend against allegations of securities fraud, insider trading, and other violations.

Due to the high stakes involved, SEC lawyers must possess a deep understanding of financial regulations, as well as the ability to analyze and interpret complex legal documents. They often work with corporations, financial institutions, investment advisers, and public companies to ensure that all transactions and disclosures are in line with SEC requirements.

In addition to their advisory role, SEC lawyers are also involved in litigation, representing clients in court or in administrative proceedings. Their expertise is critical in helping businesses avoid costly penalties and reputational damage, making them indispensable in the financial and corporate sectors.