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Past Questions Main

Question: What would happen to my stock in case BUYandHOLD (or any other brokerage firm) goes into bankruptcy? Are my investments safe in that regard?

A BuyandHolder

Answer:

Dear BuyandHolder,

BUYandHOLD, our full-service brokerage firm, Freedom Investments and most brokerage firms are members of the Securities Investor Protection Corporation, commonly known as SIPC.

SIPC, a non-profit, non government membership group, is the insurance body for the brokerage industry. Formed in 1970, it is funded by member broker/dealers.

What SIPC covers...

SIPC provides protection to clients of brokerage firms, such as yourself, but only under three very specific circumstances --

(1) If a brokerage firm fails -- which answers your question.

(2) If your securities are stolen by a broker.

(3) If unauthorized trading has taken place in your account.

If a brokerage firm declares bankruptcy...

When a firm fails, the cash and securities held by customers are protected -- but only if they are already registered or are in the process of being registered.

The amount that is protected under any one of the above three scenarios is $500,000 per customer. That includes $100,00 for cash within an investor's account.

What SIPC does not cover...

SIPC is not as all-inclusive as FDIC insurance, which protects bank deposits. So please review this list carefully, in terms of your own investments and holdings.

  • SIPC does not bail you out if your stocks, bonds or other securities fall in value. In other words, if a stock you purchase at $15 per share, drops to $5, you're stuck and must absorb the loss.

  • If a publicly traded company declares bankruptcy, such as Enron did, SIPC has no role in that scenario.

  • SIPC does not protect you against fraud or deceptive selling practices. If you are sold worthless stocks by a fast-talking con artist, you're out of luck.

  • There are two types investments that are ineligible for SIPC protection -- commodity futures contracts and currency.

When SIPC steps in...

When a SIPC-member brokerage firm fails, SIPC typically asks a federal court to appoint a trustee to liquidate the firm and protect its customers. Usually arrangements are made to have some or all customer accounts transferred to another brokerage firm. Customers are notified promptly and then have the option of staying at the new firm or moving to another brokerage firm of their own choosing.

$Tip: Many brokerage firms carry additional commercial insurance on top of their SIPC coverage. Here at BUYandHOLD, we do not offer excess SIPC insurance.

Checking up on SIPC...

Any firm that has SIPC insurance will say so in its ads, on its website, in its literature and on its various applications and forms.

If you wonder whether or not a particular firm is a member of SIPC, call the membership department at: 202-371-8300 or check on the web at: www.sipc.org.

You'll also find detailed information about SIPC and the transfer of accounts process on the website.

Protecting yourself...

If you are ever a customer of a firm that fails, you must immediately read the SIPC's step-by-step guide for submitting the proper claim forms.

And you must file this paperwork before the stated deadline, which may be as short as 30 to 60 days. If you fail to do so, you could lose your claim.

 

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