cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
8 rows where part_number = 302 and title_number = 17 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 17:17:5.0.1.1.34.0.43.1 | 17 | Commodity and Securities Exchanges | II | 302 | PART 302—ORDERLY LIQUIDATION OF COVERED BROKERS OR DEALERS | § 302.100 Definitions. | SEC | For purposes of §§ 302.100 through 302.107, the following terms shall have the following meanings: (a) Appointment date. The term appointment date means the date of the appointment of the Corporation as receiver for a covered financial company that is a covered broker or dealer. This date shall constitute the filing date as that term is used in SIPA. (b) Bridge broker or dealer. The term bridge broker or dealer means a new financial company organized by the Corporation in accordance with 12 U.S.C. 5390(h) for the purpose of resolving a covered broker or dealer. (c) Commission. The term Commission means the Securities and Exchange Commission. (d) Covered broker or dealer. The term covered broker or dealer means a covered financial company that is a qualified broker or dealer. (e) Customer. The term customer of a covered broker or dealer shall have the same meaning as in 15 U.S.C. 78 lll (2) provided that the references therein to debtor shall mean the covered broker or dealer. (f) Customer name securities. The term customer name securities shall have the same meaning as in 15 U.S.C. 78 lll (3) provided that the references therein to debtor shall mean the covered broker or dealer and the references therein to filing date shall mean the appointment date. (g) Customer property. The term customer property shall have the same meaning as in 15 U.S.C. 78 lll (4) provided that the references therein to debtor shall mean the covered broker or dealer. (h) Net equity. The term net equity shall have the same meaning as in 15 U.S.C. 78 lll (11) provided that the references therein to debtor shall mean the covered broker or dealer and the references therein to filing date shall mean the appointment date. (i) Qualified broker or dealer. The term qualified broker or dealer means a broker or dealer that (A) is registered with the Commission under Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)); and (B) is a member of SIPC. (j) SIPA. The t… | |||||||
| 17:17:5.0.1.1.34.0.43.2 | 17 | Commodity and Securities Exchanges | II | 302 | PART 302—ORDERLY LIQUIDATION OF COVERED BROKERS OR DEALERS | § 302.101 Appointment of receiver and trustee for covered broker or dealer. | SEC | Upon the appointment of the Corporation as receiver for a covered broker or dealer, the Corporation shall appoint SIPC to act as trustee for the covered broker or dealer. | |||||||
| 17:17:5.0.1.1.34.0.43.3 | 17 | Commodity and Securities Exchanges | II | 302 | PART 302—ORDERLY LIQUIDATION OF COVERED BROKERS OR DEALERS | § 302.102 Notice and application for protective decree for covered broker or dealer. | SEC | (a) SIPC and the Corporation, upon consultation with the Commission, shall jointly determine the terms of a notice and application for a protective decree that will be filed promptly with the Federal district court for the district within which the principal place of business of the covered broker or dealer is located; provided that if a case or proceeding under SIPA with respect to such covered broker or dealer is then pending, then such notice and application for a protective decree will be filed promptly with the Federal district court in which such case or proceeding under SIPA is pending. If such notice and application for a protective decree is filed on a date other than the appointment date, such filing shall be deemed to have occurred on the appointment date for the purposes of §§ 302.100 through 302.107. (b) A notice and application for a protective decree may, among other things, provide for notice— (1) Of the appointment of the Corporation as receiver and the appointment of SIPC as trustee for the covered broker or dealer; and (2) That the provisions of Title II of the Dodd-Frank Act and any regulations promulgated thereunder may apply, including without limitation the following: (i) Any existing case or proceeding with respect to a covered broker or dealer under the Bankruptcy Code or SIPA shall be dismissed effective as of the appointment date and no such case or proceeding may be commenced with respect to a covered broker or dealer at any time while the Corporation is receiver for such covered broker or dealer; (ii) The revesting of assets in a covered broker or dealer to the extent that they have vested in any entity other than the covered broker or dealer as a result of any case or proceeding commenced with respect to the covered broker or dealer under the Bankruptcy Code, SIPA, or any similar provision of State liquidation or insolvency law applicable to the covered broker or dealer; provided that any such revesting shall not apply to assets held by the covered broker or dealer, includin… | |||||||
| 17:17:5.0.1.1.34.0.43.4 | 17 | Commodity and Securities Exchanges | II | 302 | PART 302—ORDERLY LIQUIDATION OF COVERED BROKERS OR DEALERS | § 302.103 Bridge broker or dealer. | SEC | (a) The Corporation, as receiver for one or more covered brokers or dealers or in anticipation of being appointed receiver for one or more covered broker or dealers, may organize one or more bridge brokers or dealers with respect to a covered broker or dealer. (b) If the Corporation establishes one or more bridge brokers or dealers with respect to a covered broker or dealer, then, subject to paragraph (d) of this section, the Corporation as receiver for such covered broker or dealer shall transfer all customer accounts and all associated customer name securities and customer property to such bridge brokers or dealers unless the Corporation determines, after consultation with the Commission and SIPC, that: (1) The customer accounts, customer name securities, and customer property are likely to be promptly transferred to one or more qualified brokers or dealers such that the use of a bridge broker or dealer would not facilitate such transfer to one or more qualified brokers or dealers; or (2) The transfer of such customer accounts to a bridge broker or dealer would materially interfere with the ability of the Corporation to avoid or mitigate serious adverse effects on financial stability or economic conditions in the United States. (c) The Corporation, as receiver for such covered broker or dealer, also may transfer any other assets and liabilities of the covered broker or dealer (including non-customer accounts and any associated property and any assets and liabilities associated with any trust or custody business) to such bridge brokers or dealers as the Corporation may, in its discretion, determine to be appropriate in accordance with, and subject to the requirements of, 12 U.S.C. 5390(h), including 12 U.S.C. 5390(h)(1) and 5390(h)(5), and any regulations promulgated thereunder. (d) In connection with customer accounts transferred to the bridge broker or dealer pursuant to paragraph (b) of this section, claims for net equity shall not be transferred but shall remain with the covered broker or dealer. Custo… | |||||||
| 17:17:5.0.1.1.34.0.43.5 | 17 | Commodity and Securities Exchanges | II | 302 | PART 302—ORDERLY LIQUIDATION OF COVERED BROKERS OR DEALERS | § 302.104 Claims of customers and other creditors of a covered broker or dealer. | SEC | (a) Trustee's role. (1) SIPC, as trustee for a covered broker or dealer, shall determine customer status, claims for net equity, claims for customer name securities, and whether property of the covered broker or dealer qualifies as customer property. SIPC, as trustee for a covered broker or dealer, shall make claims determinations in accordance with SIPA and with paragraph (a)(3) of this section, but such determinations, and any claims related thereto, shall be governed by the procedures set forth in paragraph (b) of this section. (2) SIPC shall make advances in accordance with, and subject to the limitations imposed by, 15 U.S.C. 78fff-3. Where appropriate, SIPC shall make such advances by delivering cash or securities to the customer accounts established at the bridge broker or dealer. (3) Customer property held by a covered broker or dealer shall be allocated as follows: (i) First, to SIPC in repayment of advances made by SIPC pursuant to 12 U.S.C. 5385(f) and 15 U.S.C. 78fff-3(c)(1), to the extent such advances effected the release of securities which then were apportioned to customer property pursuant to 15 U.S.C. 78fff(d); (ii) Second, to customers of such covered broker or dealer, or in the case that customer accounts are transferred to a bridge broker or dealer, then to such customer accounts at a bridge broker or dealer, who shall share ratably in such customer property on the basis and to the extent of their respective net equities; (iii) Third, to SIPC as subrogee for the claims of customers; and (iv) Fourth, to SIPC in repayment of advances made by SIPC pursuant to 15 U.S.C. 78fff-3(c)(2). (4) The determinations and advances made by SIPC as trustee for a covered broker or dealer under §§ 302.100 through 302.107 shall be made in a manner consistent with SIPC's customary practices under SIPA. The allocation of customer property, advances from SIPC, and delivery of customer name securities to each customer or to its customer account at a bridge broker or dealer, in partial or complete satisfacti… | |||||||
| 17:17:5.0.1.1.34.0.43.6 | 17 | Commodity and Securities Exchanges | II | 302 | PART 302—ORDERLY LIQUIDATION OF COVERED BROKERS OR DEALERS | § 302.105 Priorities for unsecured claims against a covered broker or dealer. | SEC | Allowed claims not satisfied pursuant to § 302.103(d), including allowed claims for net equity to the extent not satisfied after final allocation of customer property in accordance with § 302.104(a)(3), shall be paid in accordance with the order of priority set forth in 12 CFR 380.21 subject to the following adjustments: (a) Administrative expenses of SIPC incurred in performing its responsibilities as trustee for a covered broker or dealer shall be included as administrative expenses of the receiver as defined in 12 CFR 380.22 and shall be paid pro rata with such expenses in accordance with 12 CFR 380.21(c). (b) Amounts paid by the Corporation to customers or SIPC shall be included as amounts owed to the United States as defined in 12 CFR 380.23 and shall be paid pro rata with such amounts in accordance with 12 CFR 380.21(c). (c) Amounts advanced by SIPC for the purpose of satisfying customer claims for net equity shall be paid following the payment of all amounts owed to the United States pursuant to 12 CFR 380.21(a)(3) but prior to the payment of any other class or priority of claims described in 12 CFR 380.21(a)(4) through (11). | |||||||
| 17:17:5.0.1.1.34.0.43.7 | 17 | Commodity and Securities Exchanges | II | 302 | PART 302—ORDERLY LIQUIDATION OF COVERED BROKERS OR DEALERS | § 302.106 Administrative expenses of SIPC. | SEC | (a) In carrying out its responsibilities, SIPC, as trustee for a covered broker or dealer, may utilize the services of third parties, including private attorneys, accountants, consultants, advisors, outside experts, and other third party professionals. SIPC shall have an allowed claim for administrative expenses for any amounts paid by SIPC for such services to the extent that such services are available in the private sector, and utilization of such services is practicable, efficient, and cost effective. The term administrative expenses of SIPC includes the costs and expenses of such attorneys, accountants, consultants, advisors, outside experts, and other third party professionals, and other expenses that would be allowable to a third party trustee under 15 U.S.C. 78eee(b)(5)(A), including the costs and expenses of SIPC employees that would be allowable pursuant to 15 U.S.C. 78fff(e). (b) The term administrative expenses of SIPC shall not include advances from SIPC to satisfy customer claims for net equity. | |||||||
| 17:17:5.0.1.1.34.0.43.8 | 17 | Commodity and Securities Exchanges | II | 302 | PART 302—ORDERLY LIQUIDATION OF COVERED BROKERS OR DEALERS | § 302.107 Qualified Financial Contracts. | SEC | The rights and obligations of any party to a qualified financial contract to which a covered broker or dealer is a party shall be governed exclusively by 12 U.S.C. 5390, including the limitations and restrictions contained in 12 U.S.C. 5390(c)(10)(B), and any regulations promulgated thereunder. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);