For Your Information - July 2002
Revision to Net Capital Treatment of Clearing Agreement Penalty Clauses
In the Regulatory Short Takes section of the Spring 2000 Regulatory & Compliance Alert, Volume 14-1, NASD indicated that all or a portion of the amount specified in a clearing agreement as a termination fee would be treated as a charge to the introducing firm's net capital. The Question and Answer included in the Regulatory Short Take was as follows:
Q: Is the penalty amount in a penalty clause contained in a clearing agreement a charge to net capital?