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Securities Investor Protection Act      (Page 176)

Typically, when a brokerage firm fails, the Securities Investor Protection Corporation (“SIPC”) arranges the transfer of the failed brokerage’s accounts to a different securities brokerage firm. If the SIPC is unable to arrange the accounts’ transfer, the failed firm is liquidated. In that case, the SIPC sends investors either certificates for the stock that was lost or a check for the market value of the shares.

Although the Bankruptcy Code provides for a stockbroker liquidation proceeding, 11 U.S.C. § 741 et seq., it is far more likely that a failing brokerage will find itself involved in a proceeding under the Securities Investor Protection Act of 1970 (“SIPA”) (15 U.S.C. §§ 78aaa et seq.), rather than a Bankruptcy Code liquidation case. Brokerage firms may be liquidated under the Bankruptcy Code, however, if the SIPC does not file an application for a protective decree with the district court or if the district court finds that customers of the brokerage firm are not in need of protection under the SIPA. 15 U.S.C. §§ 78eee.

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